The Court allowed a writ petition filed by a retired school employee seeking interest on delayed gratuity and arrear pension payments. The Bench awarded interest at 8% per annum from 01.02.2004 until payment.
Direction to pay interest at 8% per annum on gratuity and arrear pension from 01.02.2004 within eight weeks.
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377 20.01.2021. jks Ct. 15
WPA 1705 of 2021
Alok Ranjan Maiti Vs
The State West Bengal & Ors. Mr. Banshi Badan Maity … For the Petitioner.
Affidavit of service filed in Court today is kept with the record.
The petitioner was an employee of a Primary School, who retired from service on 31.1.2004. The petitioner had completed all pension-related formalities. The pension payment order was issued on 31.01.2005. However, the concerned authorities delayed and released the gratuity amount and arrear pension amount on 3.04.2005. The petitioner herein seeks interest to be paid on the gratuity amount and arrear pension amount for the interim period of delay in receipt of the gratuity amount 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 of the parties has 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. No. 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
2
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.
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 and arrear pension amount calculated from 01.2.2004 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.
The 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 certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajarshi Bharadwaj, J.)
2 issues framed by the court
Whether interest should be awarded on the gratuity amount and arrear pension amount for the period of delay caused by the authorities.
Whether the considerable delay in filing the writ petition warrants the exercise of writ jurisdiction.
Colour shows how this judgement treated each authority
Narayan Chandra Saha Vs. State of West BengalReferred¶7
W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.)
Union of India Vs. Tarsem SinghRelied on¶10
Union of India Vs. Tarsem Singh (2008) 8 S.C.C. 648 · Who else cites this
2 provisions across 2 enactments
Alok Ranjan Maiti
The State West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
