Lakshman Chandra Poddar vs The State Of West Bengal And Others
2022 Latest Caselaw 1179 Cal

14th March, 2022 (D/L No.08) (SKB)

W.P.A. 3784 of 2022

Lakshman Chandra Poddar Versus The State of West Bengal and others

Mr. Satyaranjan Kundu ... for the petitioner.

Affidavit of service is kept on record.

The petitioner was an Associate Professor of Sree

Chaitanya College who retired from service on

28.02.2006. The first pension payment order was

issued on April 21, 2006. Under the ROPA Rules, 2009

there was revision of the pensionary and gratuity

amount payable to the petitioner. The revised pension

payment order was issued on July 26, 2011 and the

arrear pension was disbursed on September 24, 2011 in

terms of ROPA, 2009. The petitioner claims interest on

delayed payment of the revised arrear pension.

I have heard learned counsel for both parties and I

have considered the orders passed by this court in

similar facts. It is settled law that retired employee is

entitled to some amount of interest on delayed payment

of arrear pension.

There is a considerably 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 and others) 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, 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 arrear pension calculated on

and from June 1, 2009 till actual date of payment, that

is, September 24, 2011. Such payment is to be made

within a period of eight weeks from the date of

communication of this order.

The writ petition is accordingly disposed of without

any order as to costs.

Since no affidavit is called for, the allegations made

in the writ petition are deemed to have been denied.

Urgent photostat certified copy of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Moushumi Bhattacharya, J.)