- (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. The petitioner, who was appointed as an assistant teacher, attained the age of superannuation on and from June 30, 2011. 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 nine months, the respondent No. 2 herein, namely, the Director of Pension, Provident Fund & Group Insurance, West Bengal, issued pension payment order on April 3, 2012. The gratuity amount of the petitioner was disbursed in favour of the petitioner only on June 28, 2012. 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 v. The State of West Bengal and others, 2012 133 FLR 665 submits that non-payment of interest on delayed payment of pensionary benefit is a continuing wrong.
(2.) 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.
(3.) Let me explain as to how non-payment of interest amounts to a continuing wrong. It has now been settled universally that payment of retiral dues is not a bounty. The scheme for payment of such retiral dues was introduced by the State Government by the Office Memorandum dated 26th May, 1998. Under the said scheme the State Government is required to pay the retiral dues such as death-cum-retiring gratuity, commuted value of pension etc., on the day following the date of his retirement. If such payment is not made on the said date, then the State Government acquires a liability to pay interest on delayed payment of such retiral dues, simultaneously corresponding right to claim interest on delayed payment of retiral dues is accrued in favour of the retired person as such right is recognised in the Part III of the Constitution. Thus, whenever such retiral dues is paid to a retired person beyond the due date, the State Government is required to pay interest till the date of payment of such retiral dues, so that the interest which he could have earned by way of depositing his retiral dues in any Nationalized Bank or any financial institutions from the date since when it became due and payable to him upto the date of payment thereof, can be recovered by him from the employer. This liability to pay interest by the State, in my view, continues till the date of actual payment of the retiral dues but in case interest is not paid along with the retiral dues, liability to pay interest continues till the date of payment of interest as the interest which was accumulated on the retiral dues upto the date of payment of such retiral dues, also carries interest day to day until such interest is paid. Thus, this Court is of the view that non-payment of interest on delayed payment of retiral dues is a continuing wrong causing continuous injury to the petitioner.;