Calcutta High Court (Appellete Side)
Amal Kumar Chaudhuri vs State Of West Bengal & Ors on 21 April, 2021
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
S/L 96
21.4.2021
Court No. 26
SD
WPA 9005 of 2021
(Via Video Conference)
Amal Kumar Chaudhuri
Vs.
State of West Bengal & Ors.
Mr. Sudip Sarkar
... for the Petitioner.
Affidavit of service filed in court today is kept with the
record.
The petitioner was an Assistant Teacher of a High
School who retired on 31.12.2017. The petitioner had
completed all his pension related formalities prior to his
retirement. However, the concerned authorities delayed and
released gratuity and arrear pension amount on 02.5.2018.
The petitioner herein seeks interest to be paid on the gratuity
and arrear pension amount for the interim period of delay in
receipt of the gratuity 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 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 judgment in the case of Union of India vs. Tarsem
Singh, reported in (2008) 8 SCC 648 on the issue of
2
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 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 pay interest
to the petitioner @ 8% per annum on the gratuity and arrear
pension amount calculated from 01.02.2017 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.
With these observations, the writ petition is disposed
of.
Since, no affidavit-in-opposition has been called for,
the allegations made in the writ petition are deemed to
have not been admitted by the respondents.
There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis.
(Shekhar B. Saraf, J.)