26 2021 Ahsan Ali Mondal vs 243 The State Of West Bengal & Ors
2021 Latest Caselaw 583 Cal

Ct.
No.   27.01                       W.P.A. 2017 of 2021
26    2021                              Ahsan Ali Mondal
                                               Vs.
243                              The State of West Bengal & Ors.
akb

              Ms. Sabita Khutia (Bhunya)         ...For the Petitioner

              Mr. Mrinal Kanti Biswas            ...For the State




              1.           Affidavit of service filed in court today is kept
              with the record.

              2.           The petitioner was an 'Assistant Teacher' of a
              School, who retired on 31.12.2008.            The first pension
              payment order was issued on 06.01.2009. 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 05.9.2011 and the arrear
              pension and gratuity amount was disbursed on 01.11.2011 in
              terms of ROPA, 2009. The petitioner claims interest on
              delayed payment of the arrear pension and gratuity amount.

              3.           I have heard learned Counsel for the petitioner
              and I have considered the orders passed by this Court in
              similar facts. It is settled law that retired employee is entitled
              to some amount of interest on delayed payment of arrear
              pension and gratuity.

              4.           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.

              5.           The petitioner relies upon an order in W.P.
              17557 (W) of 2017 (Narayan Chandra Saha vs. State of West
                           2




Bengal & Ors.) wherein a co-ordinate Bench had relied upon
the Supreme Court judgment in the case of Union of India vs.
Tarsem 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.

6.             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 amount and arrear pension calculated on and from
01.6.2009 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.

7.             With these observations, the writ petition is
disposed of.

8.             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.

9. There will be no order as to costs.

10. Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis.

( Shekhar B. Saraf, J.)