The High Court granted interest at 8% per annum on revised arrear pension amount from 01.06.2009 to the date of payment, dismissing concerns regarding delay due to absence of statutory limitation period.
Payment of interest @ 8% per annum on revised arrear pension from 01.06.2009 to the date of actual payment.
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11.12.2020 adeb Sl. 22 Ct. 15
W.P.A. No. 10286 of 2020
Shyama Pada Mandal
Vs.
The State of West Bengal & Ors.
Mr. Biswajit Mal
……..For the Petitioner
Mr. Swapan Kumar Pal
…for the State
Affidavit-of-service filed in Court today is kept with the record.
The material facts of the case are admitted and hence I have not called for affidavits.
The petitioner was appointed as an Head Teacher of a Primary School and he retired from service on 31.12.2006. The first pension payment order was issued on 21.12.2006 under the ROPA Rules, 2009 there was revision of the pensionery and gratuity amount payable to the petitioner. The revised pension payment order was issued on 26.03.2012 and the revised arrear pension amount was disbursed on 04.06.2012 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised 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. 17557 (W) of 2017 ( Narayan Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate bench had relied upon the Supreme Court judgement in the case of Union of
2
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.
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 @ 8% per annum on the revised arrear pension amount calculated on and from 01.06.2009 till actual date of payment.
Such payment is to be made within eight weeks from the date of communication of this order to the concerned authorities.
This writ petition is, thus, disposed of.
Urgent photostat certified copy, if applied for, be given to the parties on urgent basis.
(Rajarshi Bharadwaj, J.)
3 issues framed by the court
Whether the writ petitioner is entitled to interest on delayed payment of revised arrear pension amount despite considerable delay in filing the petition.
Whether lack of statutory period of limitation precludes relief in pension arrears cases.
Whether delay in claiming pension interests affects the rights of third parties.
Colour shows how this judgement treated each authority
Narayan Chandra Saha Vs. State of West Bengal & Ors.Referred¶13
W.P. 17557 (W) of 2017 ( Narayan Chandra Saha Vs. State of West Bengal & Ors.)
Union of India Vs. Tarsem SinghReferred¶15
Union of India Vs. Tarsem Singh, reported in (2008) 8 S.C.C. 648 · Who else cites this
Shyama Pada Mandal
The State of West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
