Bina Dhabal vs The State Of West Bengal & Ors
2021 Latest Caselaw 2493 Cal

S/L 181
26.3.2021
Court No. 26
SD
                                   WPA 2494 of 2021
                                (Via Video Conference)

                                       Bina Dhabal
                                           Vs.
                             The State of West Bengal & Ors.


               Mr. Rajesh Kumar Shah
                                                         ... for the Petitioner.

               Ms. Dipali Halder
                                                            ... for the State.


                     Affidavit of service filed in court today is kept with the

               record.

                     The husband of the petitioner was an Assistant

               Teacher of a High School who died-in-harness on 05.7.1994.

               The petitioner had completed all his pension related

               formalities prior to his retirement. However, the concerned

               authorities delayed and released arrear pension amount on

               01.9.1997. The petitioner herein seeks interest to be paid on

               the arrear pension amount for the interim period of delay in

               receipt of the arrear pension 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
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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.

         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

amount calculated from 06.7.1994 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.)