Nirmal Kumar Das vs The State West Bengal & Ors
2021 Latest Caselaw 1419 Cal

225   12.02.2021                           WPA 3593 of 2021
Dd
Ct.
15
                                         Nirmal Kumar Das
                                               Vs
                                    The State West Bengal & Ors.


                             Mr. Goutam Kumar Maity ... for the Petitioner

                             Mr. Janardan Mandal... ..For the State



                              Affidavit of service filed in court today is kept with the

                   record.

                        The petitioner was an Assistant Teacher of a Primary School

                   who retired on 30.06.2007. The first pension payment order was

                   issued on 27.08.2007 under the ROPA Rules, 2009, there was

                   revision of the pensionary and gratuity amount payable to the

                   petitioner. The revised pension payment order was issued on

                   23.07.2013 and the revised arrear pension amount was disbursed on

                   21.08.2013 in terms of ROPA, 2009. The petitioner claims interest

                   on delayed payment of the revised arrear pension amount.

                        There is a considerable delay in filing of the writ petition,

                   which the petitioner seeks to justify by stating that there is no

                   statutory period of limitation and neither parties have suffered due to

                   this delay. It is the submission of the petitioner that accordingly the

                   petition should be allowed. The petitioner relies upon an order in

                   W.P. 17557 (W) of 2017 (Narayan Chandra Saha vs. State of West

                   Bengal & Ors.) wherein a coordinate Bench had relied upon the

                   Supreme Court judgment in the case of Union of India vs. Tarmen

                   Singh, reported in (2008) 8 SCC 648 on the issue of limitation

                   relating to payment or refixation of pay or pension wherein the Apex
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Court had held that relief may be granted in spite of delay as it does

not affect the rights of the third party.

     In view of the above and after hearing the learned Counsel for

the parties, I direct the Director of Pension, Provident Fund and

Group Insurance, Government of West Bengal as also the concerned

Treasury Officer to pay interest to the petitioner @ 8% per annum

on the revised arrear pension amount calculated on and from

1.06.2009 till the date of actual payment.

     Such payment is to be made within a period of eight weeks

from the date of communication of this order.

     This writ petition is, thus, disposed of.

     Since, no affidavit-in-opposition has been called for, the

allegations made in the writ petition are deemed to have not been

admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be

given to the parties, on priority basis.

(Rajarshi Bharadwaj, J.)