Allowed

Rani Bala Saren v. State of West Bengal and Ors.

Calcutta HC11 Dec 2020WPA/10196/2020

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What is this about?

The petitioner, widow of a deceased Assistant Teacher, sought interest on arrear pension and gratuity delayed by authorities until 2013. The court allowed the petition, directing payment of 8% interest per annum from the date of death to actual payment.

What did the court decide?

Direct payment of interest @ 8% per annum on gratuity and arrear pension from 15.07.2011 within eight weeks.

Rani Bala Saren Vs State of West Bengal and… — Pension and Retirement Benefits | Calcutta HC (2020)

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43 11.12.2020. ab Ct.15

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W.P.A. 10196 of 2020

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Rani Bala Saren Vs The State West Bengal & Ors.

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Mr. Sourav Mitra Mr. Biswajit Mal … For the Petitioner.

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Ms. Anjusri Mukherjee … For the State.

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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 an Assistant Teacher of a Primary School, who died-in-harness on 14.07.2011. The petitioner had completed all pensionrelated formalities. However, the concerned authorities delayed and released the arrear pension and the arrear pension amount on 31.12.2013. 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

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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.

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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 15.07.2011 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.)

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Rani Bala Saren v. State of West Bengal and Ors.

Case brief

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Rani Bala Saren v. State of West Bengal and Ors.

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