Kalpana Mandal vs State Of West Bengal & Ors
2021 Latest Caselaw 610 Cal

S/L 200
27.01.2021
Court No.26
SD
                               WPA 4549 of 2020
                            (Via Video Conference)

                                  Kalpana Mandal
                                         Vs.
                              State of West Bengal & Ors.


              Mr. Sandip Ghosh
                                                        ... for the Petitioner.


                    Affidavit of service filed in court today is kept with the

              record.

                    The husband of the petitioner was a Peon of a High

              School who retired on 28.02.2008 and died on 08.7.2014.

              The first pension payment order was issued on 26.02.2008.

              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 12.12.2012

              and the revised gratuity amount was disbursed on

              04.02.2013 in terms of ROPA, 2009. The petitioner claims

              interest on delayed payment of the revised gratuity 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 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
                                  2




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 revised gratuity

amount calculated on and from June 1, 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.

         With these observations, the writ petition is 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.

(Shekhar B. Saraf, J.)