A retired head teacher approached this High Court via a writ petition seeking interest on arrear pension delayed by authorities. The court directed payment of 8% annual interest from the retirement date.
Directed payment of interest at 8% per annum on arrear pension from 01.11.1994 to the date of payment within eight weeks.
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178 19.01.2021. jks Ct. 15
WPA 857 of 2021
Abanti Kumar Sar.
Vs The State West Bengal & Ors.
Mr. Biswajit Mal, … For the Petitioner.
Affidavit of service filed in Court today is kept with the record.
The petitioner was a Head teacher of a Primary School, who retired from service on 31.10.1994. The petitioner had completed all pension-related formalities prior to his retirement. However, the concerned authorities delayed and released his arrear pension amount on 31.12.2001. 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 of the parties has 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. No. 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
2
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 01.11.1994 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 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 certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajarshi Bharadwaj, J.)
3 issues framed by the court
Whether interest should be awarded on the delayed payment of arrear pension.
Whether the delay in filing the writ petition affects the grant of relief.
Who is directed to pay the interest on the arrear pension amount.
Colour shows how this judgement treated each authority
State of West Bengal & Ors.Followed¶8
W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.)
Union of India Vs. Tarsem SinghFollowed¶12
Union of India Vs. Tarsem Singh, (2008) 8 S.C.C. 648 · Who else cites this
Abanti Kumar Sar.
The State West Bengal & Ors.
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
