Sandhya Rani Jana vs The State Of West Bengal And Ors
2022 Latest Caselaw 5786 Cal

23.08.2022
Court No.13
Item No.857
AP
                                WPA 12684 of 2022

                                Sandhya Rani Jana
                                        Vs.
                         The State of West Bengal and Ors.


              Mr. Goutam Kumar Maity
                                                 ... For the Petitioner.

              Ms. Tanima Sengupta
                                                     ... For the State.


              1.    Affidavit of service file in Court today is kept
              with the record.


              2.    The petitioner's husband was a teacher of
              High School who died on 10.03.2014. The pension
              payment order was issued on 25.08.2014. He had
              completed all his pension related formalities prior
              to   his     retirement.   However,    the    concerned
              authorities     delayed    the   gratuity    and   arrear
              pensionary benefit amount ultimately released the
              same on 17.11.2014.


              3.    The petitioner herein seeks interest to be
              paid on the arrear pension amount for the interim
              period of delay in receipt of the arrear pension
              amount. There is a considerable delay in filing 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 and, therefore, the instant petition
              should be allowed.


              4.    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-
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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.


5.    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   arrear
pensionary amount calculated from 10.03.2014 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.


6.    This writ petition is accordingly disposed of
without however, any order as to costs.


7.    Since,      no   affidavit    is   called   for,   the
allegations made in the writ petition are deemed to
have been denied by the respondents.

8. All parties are to act on the website copy of this order.

(Rajasekhar Mantha, J.)