Allowed

Dhan Bahadur Chhetri v. State of West Bengal and Ors.

Calcutta HC30 Jun 2022WPA/1514/2022

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What is this about?

Petitioner, retired Assistant Teacher, filed writ petition seeking 8% interest on delayed revised gratuity and arrear pension. Court allowed claim, directing payment within eight weeks after mentioning delay but no prejudice.

What did the court decide?

Interest @ 8% p.a. on revised gratuity and revised arrear pension from 14.02.2020 till actual payment, to be paid within eight weeks.

Dhan Bahadur Chhetri Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2022)

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30.06.2022 Court No.13 Jalpaiguri Circuit Bench Item No.6 AP

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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

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WPA 1514 of 2022

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Dhan Bahadur Chhetri -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 31.10.2017. The first pension payment order was issued on 20.04.2018. 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 26.07.2021 and the revised gratuity and revised arrear pension amount was disbursed on 01.08.2021 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

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

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(Rajasekhar Mantha, J.)

Dhan Bahadur Chhetri v. State of West Bengal and Ors.

Case brief

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Dhan Bahadur Chhetri v. State of West Bengal and Ors.

Case brief

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