Ajit Kumar Maiti vs The State Of West Bengal & Ors
2022 Latest Caselaw 6112 Cal

30.08.2022
  Sl. No.1230
 Ct.30
CHC/AGM

                                   W.P.A. 13062 of 2022

                                         Ajit Kumar Maiti
                                               -Vs-
                                 The State of West Bengal & Ors.



                              Mr. Uttam Kumar De
                                            ... for the petitioner

                              Sk. Md. Masud
                                                   ... for the State.

                       Affidavit of service filed in court today is kept with
                the record.

                       The petitioner was a Head Master of a High School,
                who retired on 31.03.2008.        The first pension payment
                order was issued on 12.03.2008. Under the ROPA Rules,
                2009 there was revision of the pensionary and gratuity
                amount payable to the petitioner.         The revised pension
                payment order was issued on 28.05.2012 and the revised
                gratuity and revised arrear pension amount was disbursed
                on 12.07.2012 in terms of ROPA, 2009. 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
                                2




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.

       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 14.02.2010 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.)