The High Court allowed the petitioner's writ petition seeking interest on delayed gratuity and arrear pension, directing authorities to pay 8% per annum interest calculated from February 1, 2022. Disposed without costs.
System to pay 8% per annum interest on gratuity and arrear pension from February 1, 2022.
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19.05.2022 Ct. 5 D/L 14 ab
WPA 8864 of 2022
Mintu Kumar Bose -Vs-
The State of West Bengal & Ors.
Mr. Sudip Sarkar
Mr. Bibekananda Tripathy,
Affidavit of service filed in Court today is kept on record.
The petitioner was a Library Clerk of a College, who retired from service on 31st January, 2021. He had completed all pension-related formalities. The pension payment order was issued on 25th February, 2022.
However, the concerned authorities delayed and released the gratuity and arrear pension amount on 11th March, 2022. The petitioner herein seeks interest to be paid on the gratuity amount for the interim period of delay in receipt of the gratuity.
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.
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 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 right of the third party.
In view of the above and after hearing the learned counsel for the parties, I direct the Director of Public Instruction, Government of West Bengal as also the concerned treasury officer to pay interest to the petitioner @ 8% per annum on the gratuity and arrear pension amount calculated from 1st February, 2022 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.
This writ petition is accordingly disposed of without however, any order as to costs.
Certified website copy of this order, if applied for, shall be given to the parties.
( Moushumi Bhattacharya, J.)
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1 issue framed by the court
Whether interest is payable on gratuity and arrear pension amount delayed in payment by authorities?
Colour shows how this judgement treated each authority
Narayan Chandra Saha Vs. State of West Bengal & Ors.Referred¶13
_W.P. 17557(W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.)_
Union of India Vs. Tarsem SinghReferred¶13
_Union of India Vs. Tarsem Singh_, reported in _(2008) 8 SCC 648_ · Who else cites this
1 provisions across 1 enactments
Mintu Kumar Bose
The State of West Bengal & Ors.
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
