Indian Kanoon - Search engine for Indian Law

Calcutta High Court (Appellete Side)

Swarup Chandra De vs The State Of West Bengal & Ors on 5 February, 2021

Author: Rajarshi Bharadwaj

Bench: Rajarshi Bharadwaj

5.2.2021
257,ct.15
 sk                        W.P.A.2583 of 2021
                           Swarup Chandra De
                                   Vs.
                        The State of West Bengal & Ors.

             Ms. Pritikana Gantait
                        ... For the Petitioner.

                  Affidavit of service filed in Court today is kept

            with the record.

                  The material facts of the case are admitted and

            hence I have not called for affidavits.

                  The    petitioner    retired   from   service    on

            30.04.1997 from the concerned school. The first

            pension payment order was issued on 04.09.1998.

            Under the ROPA Rules, 1998 there was revision of the

            pensionary and gratuity amount and arrear pension

            amount and payable to the petitioner.        The revised

            pension payment order was issued on 10.07.2002 and

            the Revised Gratuity and Arrear Pension amount was

            disbursed on 16.09.2002 in terms of ROPA, 1998

            belatedly. The petitioner claims interest on delayed

            payment of the Gratuity and Arrear Pension amount.

                  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
                                2




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

judgement in the case of Union of India Vs. Tarsem

Singh, reported in (2008) 8 S.C.C. 648 on the issue of

limitation relating to payment or re-fixation of pay or

pension wherein the Apex Court had held that relief

may be granted in spite of delay as it does not affec t

the rights of the third party.

       In view of the aforesaid, 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 writ petitioner @

8% per annum on the revised gratuity amount and

arrear   pension   amount      calculated     on    and   from

01.04.1998

till actual date of payment. Such payment is to be made within eight weeks from the date of communication of this order to the concerned authorities.

The writ petition is, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J. ) 3