The permitted delayed payment of gratuity and arrear pension. Directed 8% interest on delayed amounts.
To pay interest at 8% per annum on gratuity and arrear pension from 01.07.2004 within eight weeks of the order.
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20.01.2021 adeb Sl. 380 Ct. 15
W.P.A. 1710 of 2021
Harish Chandra Mahapatra
Vs.
The State of West Bengal & Ors.
Mr. Banshi Badan Maity
……..for the Petitioner
Mr. Gautam Basu
…for the State
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 30.06.2004. The petitioner had completed all pension-related formalities. The pension payment order was issued on 23.02.2006. However, the concerned authorities delayed and released the gratuity amount and arrear pension amount on 02.06.2006. 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 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
2
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 01.07.2004 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 photostat certified copy, if applied for, be given to the parties on urgent basis.
(Rajarshi Bharadwaj, J.)
3 issues framed by the court
Whether interest shall be awarded for delayed payment of gratuity and arrear pension.
Whether delay in filing the writ petition warrants dismissal.
Whether interest on arrear pension and gratuity is payable at 8% per annum calculated from 2004.
Colour shows how this judgement treated each authority
Union of India Vs. Tarsem SinghRelied on¶12
(2008) 8 S.C.C. 648 · Who else cites this
Narayan Chandra Saha Vs. State of West BengalRelied on¶12
W.P. 17557 (W) of 2017 ( Narayan Chandra Saha Vs. State of West Bengal & Ors.)
Harish Chandra Mahapatra
The State of West Bengal & Ors.
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
