Allowed

Bhajahari Biswas v. State of West Bengal and Ors.

Calcutta HC5 Feb 2021WPA/2729/2021

Case brief

AI extract

What is this about?

The court allowed a writ petition seeking interest on delayed revised arrear pension. Ruling that a retired employee is entitled to interest for delay, the direction was issued to the relevant authorities to pay 8% per annum interest from 19.05.2009.

What did the court decide?

Directed Respondents to pay interest @ 8% p.a. on revised arrear pension calculated from 19.05.2009 till date of payment within 8 weeks.

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

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5.2.2021 298,ct.15 sk W.P.A.2729 of 2021 Bhajahari Biswas Vs. The State of West Bengal & Ors.

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Mr. Sandip Ghosh … For the Petitioner.

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Mr. BuddhaDEV Bhunia …for the State.

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

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The petitioner was a Teacher of a Primary School, Nadia and he retired from service on 28.02.2007 . The first pension payment order was issued on 15.02.2007. Under the ROPA Rules, 2009 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 01.03.2012 and the revised gratuity was disbursed on 15.08.2012 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised arrear pension.

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I have heard learned counsel for the petitioner 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 amount.

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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

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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

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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.

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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 affec t the rights of the third party.

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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 writ petitioner @ 8% per annum on the revised arrear pension calculated from 19.05.2009 till the 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.

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The writ petition is disposed of, however, no order as to costs.

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Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

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Urgent photostat certified 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. )