26 2021 Gour Pal vs 239 The State Of West Bengal & Ors
2021 Latest Caselaw 587 Cal

Ct.
No.   27.01                       W.P.A. 1880 of 2021
26    2021                                  Gour Pal
                                               Vs.
239                              The State of West Bengal & Ors.
akb

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

              Mr. Jaladhi Das              ...For the State




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

              2.           The petitioner was a Teacher of a Primary
              School, who retired on 31.10.2018.            The petitioner had
              completed all his pension related formalities prior to his
              retirement. However, the concerned authorities delayed and
              released his arrear pension and gratuity amount on
              02.03.2020. The petitioner herein seeks interest to be paid
              on the arrear pension and gratuity amount for the interim
              period of delay in receipt of the arrear pension and gratuity
              amount.

              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 arrear
pension and gratuity amount calculated from 01.12.2018 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.)