Allowed

Nirupama De v. State of West Bengal and Ors.

Calcutta HC16 Dec 2020WPA/10192/2020

Case brief

AI extract

What is this about?

Court allowed a writ petition seeking interest on delayed gratuity and arrear pension. Relying on precedent that pension rights do not affect third-party interests, a single judge directed the government to pay interest at 8% per annum from the date of the ex-gratia post to the date of payment within eight weeks.

What did the court decide?

Respondents directed to pay interest at 8% per annum on gratuity and arrear pension from 07.07.1994 till payment within eight weeks.

Nirupama De Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2020)

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95 16.12.2020. ab Ct. 15

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W.P.A. 10192 of 2020

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Nirupama De Vs The State West Bengal & Ors.

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Mr. Biswajit Mal … For the Petitioner.

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Affidavit of service filed in Court today is kept with the

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record.

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The petitioner’s husband was a Head Teacher of a Primary School, who died-in-harness on 06.07.1994. The petitioner had completed all pension-related formalities. However, the concerned authorities delayed and released the arrear pension and the arrear pension amount on 30.04.2012. The petitioner herein seeks interest to be paid on the gratuity amount for the interim period of delay in receipt of the arrear pension amount.

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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.

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The petitioner relies upon an order in W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate Bench of this court had relied upon a 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

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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.

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In view of the above and after hearing the learned Counsel for the petitioner, 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 as well as arrear pension amount calculated from 07.07.1994 till the date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

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The writ petition is disposed of, however, no order as to costs.

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Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

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Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

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(Rajarshi Bharadwaj, J.)

Nirupama De v. State of West Bengal and Ors.

Case brief

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Nirupama De v. State of West Bengal and Ors.

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