26 2021 Sovana Rani Pal Samanta & ... vs 77 The State Of West Bengal & Ors
2021 Latest Caselaw 2465 Cal

Ct.
No.   26.03                       W.P.A. 3229 of 2020
26    2021                       Sovana Rani Pal Samanta & Ors.
                                               Vs.
 77                              The State of West Bengal & Ors.
akb

              Mr. Tamal Taru Panda         ...For the Petitioners




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

              2.           The husband of the petitioner No. 1 was an
              Assistant Teacher of a High School, who died-in-harness on
              16.01.2017. The petitioner No. 1 had completed all pension
              related formalities immediately after the death of her
              husband. However, the concerned authorities delayed and
              released his gratuity amount on 12.7.2018. The petitioners
              herein seek interest to be paid on the gratuity amount for the
              interim period of delay in receipt of the 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
              party.
                           2




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 calculated from 17.01.02.2017 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.)