Calcutta High Court (Appellete Side)
Ns 2017 Sabitri Debi vs State Of West Bengal & Ors on 23 October, 2017
Author: Arijit Banerjee
Bench: Arijit Banerjee
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1351 23.10. WP 17564 (W) of 2017
ns 2017 Sabitri Debi.
Versus
State of West Bengal & ors.
Mr. Sandip Ghosh ... for the petitioner.
Mr. Kartick Kr. Bhattacharyya .... for the State.
Affidavit-of-service filed in Court today be kept
with the record.
The material facts of the case are admitted
and hence I have not called for affidavits.
The petitioner's husband was appointed as a
teacher of a primary school and died on 12.12.1993
while he was in service. The pension payment order
was issued on 24.06.1999. The gratuity amount and
the arrear pension was paid on 04.11.1999. The
petitioner claims interest on delayed payment of the
gratuity and pension.
Although the point of delay or limitation has
not been urged on behalf of the State, I deem it
appropriate to address that issue briefly. The
Limitation Act in terms does not apply to writ petitions.
The Hon'ble Supreme Court in the case of Union of
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India Versus Tarmen Singh reported in (2008) 8 SCC
648 has observed that if the issue relates to payment or
refixation of pay or pension, relief may be granted in
spite of delay as it does not affect the rights of third
parties. It is settled law that the right of a retired
employee to get his retiral dues on the date of attaining
superannuation is a valuable right which accrues in his
favour on the date of his attaining superannuation.
Further, gratuity and pension are no more considered to
be a bounty to be handed out by the State at its whim.
An employee has a statutory right to receive gratuity
and pension upon retirement. If payment of such
gratuity and pension is delayed, the retired employee is
surely entitled to get some interest for such delayed
payment.
The Rule that the High Court may not enquire
into belated and stale claim is not a Rule of Law, but
one of practice based on sound and proper exercise of
discretion. The principle on which the relief to a party
is denied on the ground of laches or delay is that the
right which have accrued to others by reason of delay in
approaching the Court should not be allowed to be
disturbed. In the present case, it was the bounden duty
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of the State to disburse the pension and gratuity
amount on the due date. If it has failed to do so and
has released such amount after unexplained delay, it is
obliged to pay interest to the retired employee. This is
compensatory in nature. Pension and gratuity are
aimed at maintaining the life of a retired employee and
his/her dependents, these are welfare provisions and
even if there is delay on the part of a retired employee to
approach the Court claiming interest on delayed
payment of gratuity and pension, the delay per se
should not be the ground for rejection of the writ
petition. No third party interest will be affected by a
direction on the State to compensate the retired
employee for delayed payment of gratuity and pension
by paying interest at a reasonable rate.
I have heard learned counsel for the parties
and I have considered the orders passed by this Court
in similar facts. It is settled law that a retired employee
is entitled to some amount of interest on delayed
payment of gratuity and pension.
In view of the aforesaid, I direct the Director of
Pension, Provident Fund and Group Insurance,
Government of West Bengal as also the concerned
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Treasury Officer to pay interest to the writ petitioner at
the rate of nine per cent per annum on the gratuity
amount as well as arrear pension for the period from
13.12.1993till 04.11.1999.
Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.
Since no affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted.
WP 17564(W) of 2017 is, accordingly, disposed of.
There will be no order as to costs. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Arijit Banerjee, J. )