26 2021 Dhanapati Biswas vs 241 The State Of West Bengal & Ors
2021 Latest Caselaw 585 Cal

Ct.
No.   27.01                       W.P.A. 1887 of 2021
26    2021                              Dhanapati Biswas
                                               Vs.
241                              The State of West Bengal & Ors.
akb

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

              Ms. Neelam Singh                   ...For the State




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

              2.           The husband of the petitioner was an Assistant
              Teacher of a High School who retired from service on
              30.11.2009. The petitioner had completed all his pension
              related formalities prior to his retirement.         However, the
              concerned authorities delayed and released his gratuity
              amount and arrear pension on 26.7.2010.              The petitioner
              herein seeks interest to be paid on gratuity amount and arrear
              pension for the interim period of delay in receipt of the
              gratuity amount and arrear pension.

              3.           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.

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

5.             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 gratuity
amount and arrear pension calculated from 01.01.2010 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.

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

7.             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.

8. There will be no order as to costs.

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

( Shekhar B. Saraf, J.)