The High Court granted interest on delayed arrear pension to a retired teacher, directing payment by the Pension Director and Treasury within eight weeks, despite procedural delay in filing the petition.
Interest @ 8% per annum on arrear pension from 01.09.2012 till payment date, to be paid within eight weeks.
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11.01.2021 114 (adeb)
W.P.A. No. 234 of 2021
Amar Chandra Maity Vs.
The State of West Bengal & ors.
Ms. Moumi Yasmin
… For the petitioner
Ms. Jyotsna Mukherjee
..For the State
Affidavit of service filed in court today is taken on record.
The petitioner was an Assistant Teacher of a Primary School, who retired from service on 31.08.2012. The petitioner had completed all pension-related formalities. However, the concerned authorities delayed and released the arrear pension amount on 07.02.2014. The petitioner herein seeks interest to be paid on the arrear pension amount for the interim period of delay in receipt of the 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 dated October 25, 2017 passed in W.P. No. 17557 (W) of 2017 (Narayan
2
Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate Bench of this Court had relied upon a 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 of 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 arrear pension amount calculated from 01.09.2012 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 accordingly disposed of without, however, any 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.)
1 issue framed by the court
Whether interest should be paid on arrear pension delayed by authorities due to lack of statutory limitation period.
Colour shows how this judgement treated each authority
Union of India Vs. Tarsem SinghReferred¶14
(2008) 8 S.C.C. 648 · Who else cites this
1 provisions across 1 enactments
Amar Chandra Maity
The State of West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
