Manoj Kr. Parua vs The State West Bengal & Ors
2021 Latest Caselaw 1423 Cal

249   12.02.2021                       WPA 3739 of 2021
Dd
Ct.
15
                                         Manoj Kr. Parua
                                             Vs
                                  The State West Bengal & Ors.


                           Mr. Goutam Kumar Maity ... for the Petitioner

                           Ms. Tapati Samanta ... ....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 28.02.2009. The first

                   pension payment order was issued on 20.11.2009 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

                   12.09.2012 and the revised gratuity and arrear pension

                   amount was disbursed on 02.11.2012 in terms of ROPA,

                   2009. The petitioner claims interest on delayed payment

                   of the revised gratuity and 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.
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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

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

gratuity and 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.)