Allowed

Reba Haldar v. State of West Bengal and Ors.

Calcutta HC19 Jan 2021WPA/681/2021

Case brief

AI extract

What is this about?

The High Court granted a writ petition seeking interest on delayed revised gratuity for a deceased government servant's wife. The petitioner justified the delay in filing the petition by relying on Supreme Court and High Court precedents allowing relief despite delay in pension cases. The court directed the relevant authorities to pay interest at 8% per annum.

What did the court decide?

Directed the Director of Pension and concerned Treasury Officer to pay interest @ 8% per annum on revised gratuity from 19th May, 2009 till actual date of payment within eight weeks. No order as to co

Reba Haldar Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2021)

¶1

19.01.2021 adeb Sl. 95 Ct. 15

WPA 681 of 2021

Reba Haldar

Vs.

The State of West Bengal & Ors.

¶6

Mr. Manaranjan Sahu

¶7

……..For the Petitioner Mr. Joytosh Majumder, Ld. GP Mr. Kakali Samajpati

¶8

..For the State

¶9

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

¶10

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

¶11

The petitioner’s husband was appointed as an Assistant Teacher of a Primary School. The petitioner’s husband retired from service on 31.08.2006. The petitioner’s husband died on 30.11.2017. The first pension payment order was issued on 05.06.2007 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 21.11.2013 and the revised gratuity amount was disbursed on 22.01.2014 in terms of ROPA, 2009. The petitioner claims interest on delayed payment of the revised gratuity amount.

¶12

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

¶13

¶14

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.

¶15

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 revised gratuity calculated from 19^th May, 2009 till actual date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

¶16

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

¶17

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

¶18

Urgent photostat certified copy, if applied for, be given to the parties on urgent basis.

¶19

(Rajarshi Bharadwaj, J.)

Reba Haldar v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Reba Haldar v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Semonti Pal Alias Semonti Kundu Vs State of West Bengal and Ors.

Soumadeep Mukherjee Vs the West Bengal University of Health Sc. and Ors.

Debanjana Mukherjee Vs the West Bengal University of Health Sciences and Ors.

Gita Rani Bhattacharyya Vs State of West Bengal and Ors.

Angur Bala Bera Vs State of West Bengal and Ors.

Sukumar Parui Vs State of West Bengal and Ors.