Allowed

Sasanka Sekhar Mandal v. State of West Bengal and Ors.

Calcutta HC11 Dec 2020WPA/10306/2020

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What is this about?

The High Court allowed a writ petition filed by a retired Head Teacher seeking interest on delayed gratuity payment. The court directed the State to pay 8% annual interest from 01.04.2003 to the date of payment, condoning the delay in filing.

What did the court decide?

Directed the Director of Pension and Treasury Officer to pay interest @ 8% p.a. on gratuity from 01.04.2003 to date of payment within eight weeks.

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

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11.12.2020 adeb Sl. 27 Ct. 15

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W.P.A. 10306 of 2020

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Sasanka Sekhar Mandal

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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 petitioner was a Head Teacher of a Primary School, who retired from service on 31.03.2003. The petitioner had completed all pension–related formalities. The pension payment order issued on 04.03.2003. However, the concerned authorities delayed and released gratuity amount on 07.05.2004. The petitioner herein seeks interest to be paid on the gratuity amount for the interim period of delay in receipt of the gratuity 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 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 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 gratuity amount calculated from 01.04.2003 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.

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This writ petition is accordingly disposed of, however, no order as to costs.

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Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

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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.)

Sasanka Sekhar Mandal v. State of West Bengal and Ors.

Case brief

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Sasanka Sekhar Mandal v. State of West Bengal and Ors.

Case brief

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