Smt. Susmita (Dhara) Barman vs The State Of West Bengal & Ors
2022 Latest Caselaw 138 Cal

                          (Through Video Conference)
19.01.2022
serial no. 10

 Dd                             WPA 5341 of 2021


                      Smt. Susmita (Dhara) Barman
                                   Vs.
                     The State of West Bengal & Ors.



                 Mr. Subhrangsu Panda, Advocate
                            ... ... for the Petitioner

                 Ms. Bineeta Bhattacharya, Advocate
                             ... ... for the State



                     1. Affidavit of service filed in Court today is
                kept with the record.
                     2. The husband of the petitioner was an
                approved Associate Professor at Yogoda Satsanga
                Palpara Mahavidyalaya who died in service on
                12.04.2015.     She had completed all her family
                pension-related formalities immediately after death
                of her husband. However, the concerned authorities
                delayed and released death gratuity amount and
                arrear family pension on 29.12.2016. The petitioner
                herein seeks interest to be paid on the death
                gratuity amount for the interim period of delay in
                receipt   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 none of
                the 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
                    2




Chandra Saha V. 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
on 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.
     3. In view of the above and after hearing the
learned counsel for both parties, I direct the
concerned Treasury Officer to pay interest to the
petitioner @ 8% per annum on the death gratuity
amount and arrear family pension calculated from
01.05.2015 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.
     4. This writ petition is accordingly disposed of
without however, any order as to costs.
     5.   Since   no   affidavit   is   called   for,   the
allegations made in the writ petition are deemed to
have been denied by the respondents.

(Moushumi Bhattacharya, J.)