Petitioner, an retired assistant teacher, sought interest on arrear pension delayed by ten months. Court allowed claim for 8% interest from one year after retirement and dismissed writ petition without costs.
Interest at 8% per annum on arrear pension payable from 01.11.2011 until date of payment to be made within eight weeks.
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5.2.2021 256,ct.15 sk W.P.A.2563 of 2021
Panchanan Mandal Vs. The State of West Bengal & Ors.
Mr. Goutam Kr. Maity … For the Petitioner.
Mr. S. Chakraborty … For the State.
Affidavit of service filed in Court today is kept with the record.
The petitioner was appointed as an Assistant Teacher of a Primary School, who retired from service on 31.10.2011 . The petitioner had completed all pension-related formalities prior to his retirement. The pension payment order was issued on 04.10.2012 . However, the concerned authorities delayed and released his arrear pension on 31.10.2012 . 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.
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The petitioner relies upon an order dated October 25, 2017 passed in W.P.No. 17557(W) of 2017 (Narayan 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 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.
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 01.11.2011 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.
Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajarshi Bharadwaj, J. )
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2 issues framed by the court
Whether the petitioner is entitled to claim interest on arrear pension for the period of delay in payment by the concerned authorities.
Whether the delay in filing the writ petition bar the relief sought in view of the lack of a specific statutory period of limitation.
Colour shows how this judgement treated each authority
Narayan Chandra Saha Vs. State of West Bengal & Ors., W.P.No. 17557(W) of 2017Referred¶9
Panchanan Mandal
The State of West Bengal
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
