A retired Assistant Teacher sought interest on delayed gratuity and arrear pension payments. The single judge upheld the claim, directing payment of interest at 8% per annum despite a considerable delay in filing the petition.
To pay interest @ 8% per annum on grant and arrear pension from 01.05.2012 until payment within eight weeks.
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14.12.2020 adeb Sl. 06 Ct. 15
W.P.A. No. 10389 of 2020
Sweta Banerjee
Vs.
The State of West Bengal & Ors.
Mrs. Sabita Khutia ( Bhunya)
……..For the Petitioner
Mr. Ajoy Kumar Bhar
…..For the State
Affidavit-of-service filed in Court today is kept with the record.
The petitioner was an Assistant Teacher of a Primary School, Nadia who retired on 30.04.2012. She had completed all her pension-related formalities prior to her retirement. However, the concerned authorities delayed and released her gratuity and arrear pension amount on 02.03.2013. The petitioner herein seeks interest to be paid on the gratuity and arrear pension for the interim period of delay in receipt of the gratuity and 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 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.
2
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 gratuity and arrear pension calculated from 01.05.2012 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.)
2 issues framed by the court
Whether interest is payable by statutory authorities for delayed payment of gratuity and arrear pension.
Whether the delay in filing the writ petition warrants dismissal despite lack of statutory limitation period.
Colour shows how this judgement treated each authority
Narayan Chandra Saha Vs. State of West Bengal & Ors.Referred¶12
W.P. 17557 (W) of 2017
Union of India Vs. Tarsem SinghReferred¶12
Union of India Vs. Tarsem Singh reported in (2008) 8 S.C.C. 648 · Who else cites this
1 provisions across 1 enactments
Sweta Banerjee
The State of West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
