Disposed¶13

Asit Baran Pal v. State of West Bengal and Ors.

Calcutta HC11 Jul 2025WPA/28850/2024

Case brief

AI extract

What is this about?

W.P.A. 28850 of 2024, decided 11.07.2025, single Judge (Smita Das De, J.). Keywords: interest on delayed gratuity and arrear pension; pensioner retired 31.12.2009, dues released 31.01.2011; delay in filing writ petition; no statutory period of limitation; Union of India v. Tarsem Singh (2008) 8 SCC 648; Narayan Chandra Saha W.P. 17557 (W) of 2017; interest @ 8.2% per annum from 01.01.2010 till actual payment; payment within eight weeks; Director of Pension, Provident Fund and Group Insurance, Government of West Bengal; Treasury Officer; writ petition disposed of; no costs.

What did the court decide?

Interest at 8.2% per annum on gratuity and arrear pension from 01.01.2010 till the date of actual payment, payable within eight weeks from communication of the order; no order as to costs. ¶13

Asit Baran Pal Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interest at 8.2% per annum on gratuity and arrear pension from 01.01.2010 till the date of actual payment, payable within eight weeks from communication of the order; no order as to costs.

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Issue for consideration

Whether the petitioner is entitled to interest on the gratuity and arrear pension amount for the interim period of delay in their release. +1 more

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Court's answer

The Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and the concerned Treasury Officer are directed to pay the petitioner interest at 8.2% per annum on the gratuity and arrear pension, calculated from 01.01.2010 until the date of actual payment.

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Ratio / Principle

Such interest payment is to be made within a period of eight weeks from the date of communication of the order.

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Key takeaways

Relief was granted notwithstanding the considerable delay in filing the writ petition, the Court acting in view of the petitioner's submission that there is no statutory period of limitation and that neither party has suffered due to the delay.ratio¶12

Detailed headnote1 paragraphs

Retired Assistant Teacher (retired 31.12.2009), who had completed all pension-related formalities before retirement, was paid his gratuity and arrear pension only on 31.01.2011 owing to delay by the authorities. He filed a writ petition seeking interest for the intervening period. Although the writ petition itself suffered considerable delay in filing, the petitioner urged that there is no statutory period of limitation and that neither party had suffered, relying on Narayan Chandra Saha v. State of West Bengal, W.P. 17557 (W) of 2017, in which a co-ordinate Bench had relied on Union of India v. Tarsem Singh, (2008) 8 SCC 648 (relief on pay/pension claims permissible despite delay where third-party rights are unaffected). In view of the above, the Court directed the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and the concerned Treasury Officer to pay interest at 8.2% per annum on the gratuity and arrear pension from 01.01.2010 till the date of actual payment, within eight weeks of communication of the order. Writ petition disposed of; no order as to costs.

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11.07.2025 Sl. No.38 pk

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W.P.A. 28850 of 2024

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Asit Baran Pal -VsThe State of West Bengal & Ors.

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Mr. Sourav Mitra, Ms. Sreyasree Choudhury

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… … for the petitioner

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Mr. Tousef Ahmed Khan, Mr. Murari Chakraborty …for the State.

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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 School, who retired on 31.12.2009. The petitioner had completed all pension related formalities prior to his retirement. However, the concerned authorities delayed and released the gratuity and arrear pension amount on 31.01.2011. The petitioner herein seeks interest to be paid on gratuity and arrear pension amount for the interim period of delay in receipt of the 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. 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

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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 @ 8.2% per annum on the gratuity and arrear pension calculated on and from 01.01.2010 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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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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(Smita Das De, J.)

Asit Baran Pal v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Asit Baran Pal v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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