Writ petition filed by a retired teacher for delayed arrear pension. Court directed payment of interest at 8% p.a. from retirement date despite procedural delay.
Interest @ 8% per annum on arrear pension from 01.09.2012 to date of payment to be paid within eight weeks.
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14.12.2020 adeb Sl. 02 Ct. 15
W.P.A. No. 10295 of 2020
Lilabati Mondal (Roy) Vs.
The State of West Bengal & Ors.
Mr. Sandip Ghosh
……..For the Petitioner
Ms. Sucharita Roy
…..For the State
Affidavit-of-service filed in Court today is kept with the record.
The petitioner was an Assistant Teacher of a High School, Uttar Dinajpur who retired on 31.08.2012. She had completed all her pension-related formalities prior to her retirement. However, the concerned authorities delayed and released her arrear pension amount on 07.01.2014. The petitioner herein seeks interest to be paid on the arrear pension for the interim period of delay in receipt of the arrear pension.
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 India Vs. Tarsem Singh, reported in (2008) 8 S.C.C. 648 on the issue of limitation relating to payment or refixation 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 both parties, 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 01.09.2012 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.
This 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 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 petitioner is entitled to interest on arrear pension for the delay in its payment.
Whether the delay in filing the writ petition warrants dismissal.
Whether interest should be calculated from the date of retirement or the date of petition filing.
Colour shows how this judgement treated each authority
Narayan Chandra Saha Vs. State of West Bengal & Ors.Referred¶11
W.P. 17557 (W) of 2017 ( Narayan Chandra Saha Vs. State of West Bengal & Ors.)
Union of India Vs. Tarsem SinghReferred¶11
Union of India Vs. Tarsem Singh, (2008) 8 S.C.C. 648 · Who else cites this
Lilabati Mondal (Roy)
The State of West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
