Bikash Chandra Thakur vs The State Of West Bengal And Ors
2022 Latest Caselaw 5002 Cal

02.08.2022
Court No.13
Item No.585
AP
                                 WPA 12136 of 2022

                              Bikash Chandra Thakur
                                        Vs.
                         The State of West Bengal and Ors.

              Ms. Sudipa Biswas
                                                   ... For the Petitioner.


                        Affidavit of service file in Court today is taken
              on record.
                        The petitioner was a teacher of a school, who
              retired on 31.12.2019.       The first pension payment
              order was issued on 16.12.2019. Under the ROPA
              Rules, 2019 there was revision of the pensionary
              and gratuity amount payable to the petitioner. The
              revised pension payment order was issued on
              05.04.2021 and the revised gratuity and revised
              arrear     pension     amount       was   disbursed     on
              06.04.2021 in terms of ROPA, 2019. 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 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
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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
14.02.2020 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.

(Rajasekhar Mantha, J.)