Allowed

Mathura Kanta Mandal v. State of West Bengal and Ors.

Calcutta HC16 Dec 2020WPA/10204/2020

Case brief

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What is this about?

Court allowed a writ petition filed by a retired Head Teacher seeking interest on delayed payment of revised arrear pension. Despite delay, relief was granted based on precedent, directing authorities to pay 8% per annum interest from 01.06.2009.

What did the court decide?

Remitted to authorities to pay interest at 8% per annum on revised arrear pension from 01.06.2009 within eight weeks.

Mathura Kanta Mandal Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2020)

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97 16.12.2020. ab Ct. 15

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W.P. 10204 of 2020

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Mathura Kanta Mandal 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 record.

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The material facts of the case are admitted and hence I have not called for affidavits.

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The petitioner was a Head Teacher of a Primary School and he retired from service on 31.08.2008. The first pension payment order was issued on 26.08.2008 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 on 01.08.2013 and the revised arrear pension amount was disbursed on 30.09.2013 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised 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. The petitioner relies upon an order in W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs.

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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 affect the rights of the third party.

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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 at the rate of 8% per annum on the revised arrear pension amount calculated on and from 01.06.2009 till actual date of payment.

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

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The writ petition is, thus, disposed of.

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

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(Rajarshi Bhardwaj, J.)

Mathura Kanta Mandal v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Mathura Kanta Mandal v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

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