5 Mrinalini Das vs The State West Bengal & Ors
2021 Latest Caselaw 1431 Cal

72 12.02.2021. W.P. 2977 (W) of 2021 KC Ct.

15                                         Mrinalini Das
                                              Vs
                                   The State West Bengal & Ors.

                             Mr. B. B. Maity
                                               ... For the Petitioner.

                             Ms. Neelam Singh
                                            ... For the State.

Affidavit of service filed in Court today is kept

with the record.

The husband of the petitioner was an Assistant

Teacher of a Primary School, who retired from service

on 31.03.1993 and, thereafter, died on 04.08.2017.

The petitioner's husband had completed all pension-

related formalities. The Pension Payment Order was

issued on 04.11.1999. However, the concerned

authorities delayed and released the arrear pension

amount on 03.02.2000. The petitioner herein seeks

interest to be paid on the arrear pension amount for the

interim period of delay in receipt of the 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 of the parties has suffered due to this delay.

It is the submission of the petitioner that accordingly

the petition should be allowed. The petitioner relies

upon an judgment order in W.P. No. 6649 (W) of 2019

(Padma Nath Vs. State of West Bengal & Ors.) of the

co-ordinate Bench in support of his submission.

In view of the above and after hearing the

learned Counsel for the petitioner, 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 arrear pension amount calculated

from 01.04.1993 till the date of payment. Such

payment is to be made within a period of eight weeks

from the date of communication of this order.

The writ petition is disposed of, however, no

order as to costs.

Since no affidavit is called for, the allegations

made in the writ petition are deemed to have been

denied.

Urgent certified website copy of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Rajarshi Bharadwaj, J.)