Ashok Kumar Ghosh vs The State Of West Bengal And Ors
2022 Latest Caselaw 6173 Cal

31.08.2022
Court No.13
Item No.714
AP
                             WPA 13107 of 2022

                            Ashok Kumar Ghosh
                                     Vs.
                      The State of West Bengal and Ors.

              Ms. Sabita Khutia (Bhunya)
                                              ... For the Petitioner.

              Mr. Saugata Mitra
                                                     ... For the State.


                      Affidavit of service file in Court today is
              taken on record.
                      The petitioner was a teacher of a school,
              who retired on 28.02.2018.           The first pension
              payment order was issued on 29.08.2019. 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 20.06.2021 and the revised gratuity
              amount was disbursed on 20.06.2021 in terms of
              ROPA, 2019.     The petitioner claims interest on
              delayed payment of the principal gratuity and
              arrear pension amount and also revised arrear
              pension amount and revised 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
                      2




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 principal
gratuity and arrear pension amount calculated on
and from 01.03.2018 till the date of payment and
to pay interest @ 8% per annum on the revised
arrear    pension    and    revised     gratuity   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.)