Calcutta High Court (Appellete Side)
Anima Mondal vs The State West Bengal & Ors on 12 March, 2021
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
123 12.03.2021. WPA 5961 of 2021 jks Ct.
15
Anima Mondal Vs The State West Bengal & Ors.
Mr. Tamaltaru Panda ... For the Petitioner.
Affidavit of service filed in Court today is kept with the record.
The husband of the petitioner was an employee of the School in question and retired from service on 30.06.2008 and died on 09.04.2010. The first pension payment order was issued on 26.12.2008. 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 24.12.2012 and the revised arrear pension was disbursed on 15.03.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised 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 of the parties has 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. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West 2 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 affect 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 arrear pension amount calculated from 19.05.2009 till actual date of payment.
Such payment is to be made within a period of eight weeks from the date of communication of this order.
The writ petition is disposed of, however, no order as to costs.
Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajarshi Bharadwaj, J.)