Prabir Kumar Guha Roy vs The State Of West Bengal & Ors
2022 Latest Caselaw 5617 Cal

18.08.2022
Court No.13
Item No.708
Saswata
                                     WPA 12531 of 2022

                                   Prabir Kumar Guha Roy
                                             VS.
                               The State Of West Bengal & Ors.

                Mr. Anirban Chakrabarty
                                                       ... for the Petitioner.

                Mr. Samsul Kabir H Raja
                                                           ... for the Staate

                        Affidavit of service file in Court today is taken on

              record.

                        The petitioner was an Assistant Teacher of a high

              school, who retired on 31.01.2018. The first pension

              payment order was issued on 02.04.2018.            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 30.03.2021 and the

              revised gratuity and revised arrear pension amount was

              disbursed on 02.08.2021 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
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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 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.)