Calcutta High Court (Appellete Side)
Snandy vs (Interest On Arrear Pension) on 13 September, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
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13.09.2018 WP 13506 (W) of 2018
Court No. 14
Item No. SL - 295 Someswar Banerji
snandy
Vs.
(Interest on arrear pension)
The State of West Bengal & Ors.
Mr. Biswajit Mal, Advocate
......for the Petitioner
Mr. Tapas Kumar Dey, Advocate
......for the State
1. Affidavit of service filed in Court today is kept with the
record.
2. The petitioner was an Assistant Teacher who retired on
November 30, 2007. He had completed all his pension-
related formalities prior to his retirement. However, the
concerned authorities delayed his pensionary benefit
amount ultimately released the same on March 20,
2013.
3. The petitioner herein seeks interest to be paid on the
arrear pension amount for the interim period of delay in
receipt of the arrear pension amount. There is a
considerable delay in filing 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 and, therefor, the instant
petition should be allowed.
4. The petitioner relies upon an order in WP 17557(W) of
2017 (Narayan Chandra Saha Vs. State of West
Bengal & Ors.) wherein a co-ordinate Bench had relied
upon the Supreme Court judgement in the case of
Union of India Vs. Tarmen 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 inspite of delay as it does
not affect the rights of the third party.
5. 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
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pay interest to the petitioner @ 8% per annum on the
arrear pension amount calculated from the next day of
his retirement 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.
6. This writ petition is accordingly disposed of without
however, any order as to costs.
7. Since no affidavit is called for, the allegations made in
the writ petition are deemed to have been denied by the
respondents.
(Rajasekhar Mantha, J.)