The Court allowed a petition seeking interest on delayed arrear pension of a retired Assistant Teacher. Despite filing delay, interest was awarded at 8% p.a. from retirement date to payment date, to be paid within eight weeks.
Payment of interest @ 8% per annum on arrear pension from 01.10.2000 to the date of payment, within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
11.01.2021 adeb Sl. 115 Ct. 15
W.P.A. 237 of 2021
Dhananjay Samanta
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 kept with the record.
The petitioner was an Assistant Teacher of a Primary School, who retired from service on 30.09.2000. The petitioner had completed all pension –related formalities. However, the concerned authorities delayed and released the arrear pension amount on 30.06.2004. 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 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 arrear pension amount calculated from 01.10.2000 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.
This writ petition is accordingly 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 should be granted on arrear pension amount delayed by the State authorities.
Whether delay in filing the writ petition should be a bar to granting the relief.
Whether the rate and period for interest on the delayed pension can be fixed by this Court.
Colour shows how this judgement treated each authority
Narayan Chandra Saha Vs. State of West Bengal & Ors. 2017Explained¶12
1 provisions across 1 enactments
Dhananjay Samanta
The State of West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
