Allowed

Ful Kumari Chhetri v. State of West Bengal and Ors.

Calcutta HC24 Jun 2022WPA/1475/2022

Case brief

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What is this about?

The High Court at Calcutta, Jalpaiguri Bench, allowed a writ petition filed under Article 226 by a retired Assistant Teacher seeking interest on delayed payment of revised gratuity and arrear pension. The court ordered payment of interest at 8% per annum despite the delay in filing, citing precedents that relief in pension matters does not affect third-party rights.

What did the court decide?

Interest @ 8% per annum on revised gratuity and revised arrear pension calculated on and from 14.02.2020 till the date of actual payment, to be paid within eight weeks.

Ful Kumari Chhetri Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2022)

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24.06.2022 Court No.13 Jalpaiguri Circuit Bench Item No.4 AP

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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

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WPA 1475 of 2022

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Ful Kumari Chhetri

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-Vs-

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The State of West Bengal & Ors.

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Ms. Sabita Khutia (Bhunya)

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… … for the petitioner

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

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The petitioner was an Assistant Teacher of a High School, who retired on 31.01.2016. The first pension payment order was issued on 22.02.2017. Under the ROPA Rules, 2019 there was revision of the pensionary and gratuity amount payable to the petitioner. The revised pension payment order was issued on 17.09.2021 and the revised gratuity and revised arrear pension amount was disbursed on 23.09.2021 in terms of ROPA, 2019. The petitioner claims interest on delayed payment of the revised gratuity and revised 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 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 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 judgment in the case of Union of India vs. Tarsem Singh, reported in (2008) 8 SCC 648 on the issue of limitation relating to payment or refixation 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.

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In view of the above and after hearing the learned Counsel for the parties, 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 and revised arrear pension calculated on and from 14.02.2020 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

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With these observations, the writ petition is disposed of.

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Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.

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There will be no order as to costs.

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Urgent photostat certified copy of this order, if

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applied for, be given to the parties, on priority basis.

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(Rajasekhar Mantha, J.)

Ful Kumari Chhetri v. State of West Bengal and Ors.

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Ful Kumari Chhetri v. State of West Bengal and Ors.

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