Sobha Sabherwal vs The State Of West Bengal & Ors
2022 Latest Caselaw 5620 Cal

18.08.2022
Court No.13
Item No.707
Saswata
                                     WPA 12530 of 2022

                                      Sobha Sabherwal
                                             VS.
                               The State Of West Bengal & Ors.

                Mr. Chandan Dutta
                                                       ... for the Petitioner.

                Ms. Susmita Biswas Chowdhury
                                                            ... for the State

                        Affidavit of service file in Court today is taken on

              record.

                        The petitioner was an Assistant Teacher of a high

              school, who retired on 30.09.2007. The first pension

              payment order was issued on 27.08.2009 under the ROPA

              Rules, 1998. The gratuity amount was disbursed on

              30.09.2009 in terms of ROPA, 1998. The petitioner claims

              interest on delayed payment of the 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 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.
                            2




         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 gratuity

amount calculated from the next date of retirement 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.)