- (1.) AN Affidavit-of-service is filed; let the same be kept on record. In spite of service, no one appears on behalf of the respondents.
(2.) THE petitioner, who was appointed as an assistant teacher, attained the age of superannuation on and from August 31, 2009. In spite of having submitted all the relevant papers, the concerned authority did not disburse the pensionary/retiral benefits on the date of attaining superannuation. After a lapse of about two years, the respondent no. 2 herein, namely, the Director of Pension, Provident Fund & Group Insurance, West Bengal, issued pension payment order on August 23, 2011. The gratuity amount of the petitioner was deposited in the bank account of the petitioner on October 1, 2011. The petitioner has taken out the instant writ petition claiming interest on delayed payment of gratuity amount. The learned advocate for the petitioner relying upon a judgment of a Co-ordinate Bench of this court in the case of Niranjan Kumar Mondal -vs- The State of West Bengal & Ors., reported in (2012)1 WBLR (Cal) 903, submits that non-payment of interest on delayed payment of pensionary benefit is a continuing wrong.
(3.) UPON noticing the said judgment, it appears that one of the points, which was taken, was whether the interest could be awarded for delayed payment of the retiral benefit after a lapse of considerable period of time. In such perspective, it was held that:- "Claim for interest cannot be held to be a stale claim as right to claim interest on delayed payment of retiral dues accrues due to continuing wrong committed by the State respondents for withholding the payment of the petitioner 's retiral dues causing continuous injury to the petitioner until such payment is made. " ;