Koushik Kar vs The State Of West Bengal & Ors
2022 Latest Caselaw 95 Cal

17.01.2022
Item No.21
Ct. No.5
 Aloke
                            W.P.A. 20722 of 2021
                           (Via Video Conference)
                                Koushik Kar
                                     Vs.
                       The State of West Bengal & Ors.



                Ms. Sreyasree Chaudhury
                                      ...for the petitioner
                Ms. Tapati Samanta
                                      ...for the respondent no.4

Mr. Malay Singh Ms. Neelam Singh ... for the State

Affidavit of service filed in Court is kept with the

record.

The petitioner was an approved Laboratory Attendant

who retired from service on 31.05.2020. The petitioner

had completed all pension-related formalities. However,

the concerned authorities delayed and released the

gratuity amount and arrear pension amount on

17.11.2021. The petitioner herein seeks interest to be

paid on the gratuity amount and arrear pension amount

for the interim period of delay in receipt of the gratuity

amount and 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 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 petitioner, I direct the Director of Pension,

Provident Fund and Group Insurance, Government of

West Bengal as also the concerned Tresury Officer to pay

interest to the petitioner @ 8% per annum on the gratuity

amount and arrear pension amount calculated from

01.06.2020 till the date of payment. Such payment is to

be made within a period of eight weeks from the date of

communication of this order.

The writ petition is accordingly disposed of without

any order as to costs.

Since no affidavit is called for, the allegations made

in the writ petition are deemed to have been denied.

(Moushumi Bhattacharya J.)