Bani Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 4342 Cal

18.07.2022
  Sl. No. 508
    ap

                                     W.P.A. 4167 of 2020

                                             Bani Das
                                                -Vs-
                                  The State of West Bengal & Ors.

                       Mr. Ajay Barman Ray.
                                         ... ... for the petitioner
                       Mr. Milan Kumar Maity.
                                           ....for the State.

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

                       The petitioner was an Group - "D" staff of a High
                School, who retired on 31.01.2014. The petitioner had
                completed all her pension related formalities prior to her
                retirement. However, the concerned authorities delayed
                and released her arrear pension and gratuity amount on
                February 3, 2017. The petitioner herein seeks interest to
                be paid on the arrear pension and 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 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.
                                2




       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 arrear pension calculated on and from
01.02.2014 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.

       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.)