Limitation Act does not apply to writ petitions; retired employee is entitled to receive interest on delayed pension: Cal HC

Calcutta High Court: A Single Judge Bench comprising of Arijit Banerjee, J. disposed of a writ petition by granting payment of interest to a retired employee on the amount of delayed payment of pension.

The petitioner was retired in 2007 while working as a teacher in a higher secondary school. The first payment order was issued in 2007 itself. Under ROPA Rules, 2009 there was a revision of pensionary and gratuity amount payable to the petitioner which order was made in 2012. The arrear revised pension was disbursed in 2013. The petitioner claimed interest on delayed payment of revised pension.

The High Court, at the outset, observed that the Limitation Act in terms does not apply to writ petition. Furthermore, it is a settled law that a retired employee is entitled to some amount of interest on delayed payment of pension. In the present case, it was a bounden duty of the State to disburse the due date. If it failed to do so and released such amount after an unexplained delay, it was obliged to pay interest to the retired employee. In such view of the matter, the Court directed the Director of Pension, Provident Fund and Group Insurance to pay interest to the writ petitioner at the rate of 9% per annum on the arrear of revised pension calculated on and from 1 June 2009 till actual date of payment. The petition was disposed of in the terms above. [Purna Chandra Mondal v. State of W.B.,2018 SCC OnLine Cal 7366, dated 03-10-2018]

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