Wester Bengal High Court quashed the delay in releasing arrear pension and directed the Director of Pension to pay interest at 8% per annum from the retirement date.
Payment of interest @ 8% per annum on the arrear pension from 01.04.1993.
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12 11.12.2020. jks Ct. 15
WPA 10245 of 2020
Anandamoyee Roy
Vs The State West Bengal & Ors.
Mr. Biswajit Mal … For the Petitioner.
Affidavit of service filed in Court today is kept with the record.
The husband of the petitioner was a Head Teacher of a Primary School, who retired from service on 31.03.1993 and, thereafter, died on 19.02.2007. The petitioner’s husband had completed all pension-related formalities prior to his retirement. The pension payment order was issued on 31.10.2000. However, the concerned authorities delayed and released the arrear pension amount on 31.01.2001. The petitioner herein seeks interest to be paid on the arrear pension amount for the interim period of delay in receipt of the 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 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. 6649 (W) of 2019 (Padma Nath Vs. State of West Bengal & Ors.) of the co-ordinate Bench
2
in support of his submission.
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 arrear pension calculated from 01.04.1993 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.
The writ petition is disposed of, however, no order as to costs.
Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.
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.)
2 issues framed by the court
Whether interest should be paid on the delayed arrear pension amount.
Whether the delay in filing the writ petition warrants condonation.
Colour shows how this judgement treated each authority
Padma Nath Vs. State of West Bengal & Ors.Referred¶8
W.P. No. 6649 (W) of 2019 (Padma Nath Vs. State of West Bengal & Ors.)
1 provisions across 1 enactments
Anandamoyee Roy
The State West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
