Sankar Prosad Misra vs The State Of West Bengal & Ors
2022 Latest Caselaw 4400 Cal

19.07.2022
   526
NS Ct.13
                              W.P.A No. 11314 of 2022


                              Sankar Prosad Misra
                                        Vs.
                        The State of West Bengal & Ors.



             Ms. Sabita Khutia (Bhunya)         ... for the petitioner.




                     Affidavit of service filed in Court today be kept

             with the record. None appears for the respondents.

The petitioner was an Assistant Teacher of a High

School, who retired from service on 31.10.2018. The first

pension payment order was issued on 20.12.2018. 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

19.01.2021 and the revised arrear pension and gratuity

amount was disbursed on 28.01.2021 in terms of ROPA,

2019. 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

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 14.02.2020 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 shall be no order as to costs.

Urgent certified photo copy of this order, if

applied for, be supplied to the parties expeditiously on

compliance of usual legal formalities.

(Rajasekhar Mantha, J.)