Renuka Jana vs The State West Bengal & Ors
2021 Latest Caselaw 1428 Cal

218   12.02.2021                      W.P.A 3569 of 2021
Dd
Ct.
15
                                            Renuka Jana
                                               Vs
                                   The State West Bengal & Ors.

                              Mr. Goutam Kr. Maity
                                             ... For the Petitioner.
                              Mr. Ibrahim Shaikh
                                             ...For the State

                             Affidavit of service filed in court today is kept

                   with the record.

                             The husband of the petitioner was an approved

                   Assistant Teacher of a Primary School who retired on

                   31.05.1999. The first pension payment order was issued

                   on 06.03.2002 and the first/initial arrear pension amount

                   was disbursed on 15.04.2002. Under the ROPA Rules,

                   1998, there was revision of the pensionary and gratuity

                   amount payable to the petitioner. The revised pension

                   payment order was issued on 30.12.2002 and the revised

                   arrear pension amount was disbursed on 27.01.2003 in

                   terms of ROPA, 1998. The petitioner claims interest on

                   delayed payment of the initial and 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
                       2




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 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

first/initial arrear pension amount calculated on and from

01.06.1999 and revised arrear pension amount calculated

on and from 01.06.1999 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.)