Subir Kumar Biswas vs The State Of West Bengal & Ors
2022 Latest Caselaw 3554 Cal

24.06.2022
 Sl. No.337
   pk

                                  W.P.A. 9710 of 2021

                                    Subir Kumar Biswas
                                             -Vs-
                               The State of West Bengal & Ors.



                            Mr. D. K. Maiti
                                              ... for the petitioner

                            Ms. Susmita Biswas Chowdhury
                                                     ... for the State.


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

                     The petitioner was an Assistant Teacher of a High
              School, who retired on 30.09.2019. The petitioner had
              completed all his pension related formalities prior to his
              retirement. However, the concerned authorities delayed
              and released arrear pension amount on 08.12.2020. The
              petitioner claims interest on delayed payment of the arrear
              pension amount for the interim period of delay in receipt of
              the arrear pension.


                     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
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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
arrear pension amount calculated on and from 01.11.2019
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.)