Harish Chandra Biswas vs The State Of West Bengal & Ors
2022 Latest Caselaw 3555 Cal

24.06.2022
 Sl. No.335
   pk

                                   W.P.A. 9707 of 2021

                                    Harish Chandra Biswas
                                              -Vs-
                                The State of West Bengal & Ors.



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

                             Mr. Kapil Guha
                                                    ... 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 06.07.2017. The petitioner had
              completed all his pension related formalities prior to his
              retirement. However, the concerned authorities delayed
              and released provident fund amount on 12.09.2019. The
              petitioner claims interest on delayed payment of the
              provident fund for the interim period of delay.


                     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
provident fund calculated on and from 01.09.2017 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.)