Allowed

Amal Kumar Mitra v. State of West Bengal and Ors.

Calcutta HC4 Jan 2021WPA/11166/2020

Case brief

AI extract

What is this about?

This single-judge writ petition addressed a delay in releasing gratuity and arrear pension to a retired Head Teacher. The court, finding justification for the petition's delay, ordered the authorities to pay interest at 8% per annum on the dues from 01.02.2019.

What did the court decide?

Directed the Director of Pension and concerned Treasury Officer to pay interest @ 8% per annum on gratuity and arrear pension from 01.02.2019 within eight weeks.

Amal Kumar Mitra Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2021)

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74 04.01.2021 adeb

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WPA 11166 of 2020

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Amal Kumar Mitra

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- Versus –

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The State of West Bengal & Ors.

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Mr. Biswajit Mal …..For the petitioner Ms. Shanti Dasgupta …..For the State

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Affidavit-of-service filed in Court is kept with the record.

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The petitioner was a Head Teacher of a Primary School who retired from service on 31.01.2019. The petitioner had completed all pension-related formalities. The Pension Payment Order was issued on 08.08.2019. However, the concerned authorities delayed and released the gratuity and arrear pension amount on 30.11.2019. The petitioner herein seeks interest to be paid on the gratuity and arrear pension amount for the interim period of delay in receipt of the gratuity and 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

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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 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 writ petitioner @ 8% per annum on the gratuity and arrear pension calculated on and from 01.02.2019 till the date of payment. Such payment is to be made within eight weeks from the date of communication of this order.

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This writ petition is accordingly disposed of.

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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. )

Amal Kumar Mitra v. State of West Bengal and Ors.

Case brief

What is this about?

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Amal Kumar Mitra v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

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