Allowed

Mira Rahaman v. State of West Bengal and Ors.

Calcutta HC20 Jan 2021WPA/1706/2021

Case brief

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What is this about?

The petitioner, a retired Assistant Teacher, challenged the delayed release of her gratuity amount. The court directed the Director of Pension and concerned Treasury Officer to pay interest on the gratuity at 8% per annum from 1.12.2002 till payment.

What did the court decide?

Payment of interest on gratuity amount @ 8% per annum from 01.12.2002 till the date of payment to be made within eight weeks.

Mira Rahaman Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2021)

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20.01.2021 adeb Sl. 378 Ct. 15

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W.P.A. 1706 of 2021

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Mira Rahman

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Vs.

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The State of West Bengal & Ors.

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Mr. Banshi Badan Maity

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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 an Assistant Teacher of a Primary School, who retired from service on 30.11.2002. The petitioner had completed all pension-related formalities. The pension payment order was issued on 22.12.2003. However, the concerned authorities delayed and released the gratuity amount on 20.03.2004. 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.

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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

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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 01.12.2002 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 without however, any order as to costs.

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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.)

Mira Rahaman v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Mira Rahaman v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

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