Rahela Khatun vs The State Of West Bengal And Ors
2022 Latest Caselaw 4930 Cal

01.08.2022
Court No.13
Item No.549
AP


                              WPA 12076 of 2022

                                Rahela Khatun
                                      Vs.
                       The State of West Bengal and Ors.


              Ms. Sudipa Biswas
                                              ... For the Petitioner.

              Ms. Ujani Pal (Samanta)
                                                  ... For the State.



                       Affidavit of service file in Court today is

              taken on record.

                       The husband of the petitioner was a teacher

              of a school, who retired on 31.03.2008 and died on

              03.07.2011. The first pension payment order was

              issued on 15.10.2008.      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

              03.06.2011 and the revised gratuity and revised

              arrear    pension   amount    was    disbursed     on

              21.09.2011 in terms of ROPA, 2009. The petitioner

              claims interest on delayed payment of the revised

              gratuity and revised 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
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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   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 revised gratuity

and revised arrear pension amount calculated on

and from 19.05.2009 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
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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.

(Rajasekhar Mantha, J.)