Allowed

Tarapada Kundu v. State of West Bengal and Ors.

Calcutta HC11 Dec 2020WPA/10302/2020

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What is this about?

The Single Judge of the Calcutta High Court allowed a writ petition filed by a retired Head Teacher seeking interest on delayed payment of revised arrear pension. The court held that despite the delay, relief was merited as it aligns with Supreme Court precedents stating such delays do not affect third-party rights, and directed payment of interest at 8% per annum.

What did the court decide?

Directed the Director of Pension to pay interest @ 8% per annum on revised arrear pension amount from 01.06.2009 till actual payment within eight weeks.

Tarapada Kundu Vs State of West Bengal and… — Pension and Retirement Benefits | Calcutta HC (2020)

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11.12.2020 adeb Sl. 25 Ct. 15

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W.P.A. No. 10302 of 2020

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Tarapada Kundu

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Vs.

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The State of West Bengal & Ors.

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Mr. Biswajit Mal

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……..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 appointed as an Head Teacher of a Primary School and he retired from service on 30.09.2006. The first pension payment order was issued on 26.10.2006 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 19.09.2013 and the revised arrear pension amount was disbursed on 31.12.2013 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. 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

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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 @ 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 eight weeks from the date of communication of this order to the concerned authorities.

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This writ petition is, thus, disposed of.

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Urgent photostat certified copy, if applied for, be given to the parties on urgent basis.

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(Rajarshi Bharadwaj, J.)

Tarapada Kundu v. State of West Bengal and Ors.

Case brief

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Tarapada Kundu v. State of West Bengal and Ors.

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