Allowed

Dhananjoy Maiti v. State of West Bengal and Ors.

Calcutta HC5 Feb 2021WPA/2209/2021

Case brief

AI extract

What is this about?

This Writ Petition involved a retired teacher claiming interest on delayed payment of revised arrear pension and gratuity. The court acknowledged the settled law regarding interest entitlement despite the delay in filing the petition and directed the concerned authorities to pay the amount.

What did the court decide?

Directing the Director of Pension and Treasury Officer to pay 8% per annum interest on revised arrear pension and gratuity from April 1, 1998, within eight weeks.

Dhananjoy Maiti Vs State of West Bengal and… — Pension and Retirement Benefits | Calcutta HC (2021)

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117 05.02.2021. ab Ct. 15

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W.P.A. 2209 of 2021

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Dhananjoy Maiti Vs The State West Bengal & Ors.

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Ms. Dipa Bhattacharya … For the Petitioner.

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Ms. Neelam Singh … For the State.

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

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The material facts of the case are admitted and hence I have not called for affidavits.

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The petitioner was an Assistant Teacher of a Primary School and he retired from service on 31.01.1999. The first pension payment order was issued on 09.11.1999. Under the ROPA Rules, 1998 there was revision of the pensionery and gratuity amount payable to the petitioner. The revised pension payment order was issued on 11.12.2002 and the arrrear pension amount and gratuity was disbursed on 01.05.2003 in terms of ROPA Rules, 1998. The petitioner claims interest on delayed payment of the revised arrear pension amount and gratuity.

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I have heard learned counsel for both parties and I have considered the orders passed by this court in similar facts. It is settled law that retired employee is entitled to some amount of interest on delayed payment of arrear pension and gratuity.

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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

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W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs.

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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 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 aforesaid, 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 revised arrear pension and gratuity amount calculated on and from 01.04.1998 till actual date of payment.

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Such payment is to be made within a period of eight weeks from the date of communication of this order to the concerned authorities.

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The writ petition is, thus, disposed of.

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Since no affidavit is called for, the allegations

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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.

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(Rajarshi Bharadwaj, J.)

Dhananjoy Maiti v. State of West Bengal and Ors.

Case brief

What is this about?

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Dhananjoy Maiti v. State of West Bengal and Ors.

Case brief

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