Sabita Naskar vs The State Of West Bengal & Ors
2022 Latest Caselaw 3559 Cal

24.06.2022
 Sl. No.328
   pk

                                   W.P.A. 9439 of 2021

                                         Sabita Naskar
                                              -Vs-
                                The State of West Bengal & Ors.



                             Mr. Tamal Taru Panda
                                            ... for the petitioner

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

                     The husband of the petitioner was an Assistant
              Teacher of a High School, who retired on 28.02.1995 and
              died on 03.09.2020. The husband of the petitioner had
              completed all his pension related formalities prior to his
              retirement. However, the conerned authorities delayed
              and released gratuity amount and arrear pension amount
              on 18.03.1999. The petitioner claims interest on delayed
              payment of the gratuity amount and arrear pension 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
gratuity and arrear pension calculated on and from
01.03.1995 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.)