Tapati Mukherjee vs The State Of West Bengal & Ors
2022 Latest Caselaw 5556 Cal

17.08.2022
  Sl. No.706
    ap

                                  W.P.A. 12440 of 2022

                                       Tapati Mukherjee
                                              -Vs-
                                The State of West Bengal & Ors.

                      Mr. Uttam Kumar Roy.
                                        ... ... for the petitioner
                      Mr. Suddhadev Adak.
                                        ...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
               08.07.1997. The petitioner had completed all his pension
               related formalities prior to his retirement. However, the
               concerned authorities delayed and released his gratuity
               and arrear pension amount on 18.12.2001 in terms of
               ROPA, 2019. The petitioner herein seeks interest to be
               paid on the gratuity and arrear pension for the interim
               period of delay in receipt of the gratuity and arrear pension
               amount in terms of ROPA, 2019.


                      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
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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 arrear pension calculated on and from
09.07.1997 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.)