Nakul Chandra Malik vs The State Of West Bengal And Ors
2022 Latest Caselaw 5407 Cal

12.08.2022
Court No.13
Item No.754
AP


                                   WPA 8261 of 2022

                               Nakul Chandra Malik
                                        Vs.
                         The State of West Bengal and Ors.

              Mr. Krishna Pada Santra
                                                   ... For the Petitioner.

              Mr. Debasish Basu
                                                       ... For the State.


                        Affidavit of service file in Court today is taken
              on record.
                        The petitioner was a teacher of a school, who
              retired on 31.01.2020.       The first pension payment
              order was issued on 19.06.2020.          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
              18.06.2021 and the revised gratuity and revised
              arrear pension amount was disbursed on 18.06.2021
              in terms of ROPA, 2019.            The petitioner claims
              interest on delayed payment of the principal gratuity
              and arrear pension amount and also revised arrear
              pension amount and 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 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
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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 principal gratuity and arrear
pension amount calculated on and from 01.02.2020
till the date of payment and to pay interest @ 8% per
annum on the revised arrear pension and revised
gratuity 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.)