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2012 Supreme(Cal) 481

N.PATHERYA
Sankari Ghosh – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Yudhajit Guha, Azizul Islam

JUDGMENT

1. In this writ petition the only issue that arises for consideration is whether the claim of interest made after 10 years on the delayed payment of retiral benefits ought to be allowed.

2. Counsel for the petitioner contends that it is an admitted position that the petitioner retired on 31st January, 2000 and the pension payment order was issued on 16th January, 2002 and within two months of the issuance of the pension payment order that is on 26th March, 2002 the retiral benefit was paid to the petitioner. As the petitioner was entitled to payment of retiral benefits forthwith or maximum within a period of 30 days and admittedly, the said was not done the petitioner is entitled to payment of interest on and from the date of retirement till payment was made to the petitioner in March, 2002. The contention of the respondent authorities is that in view of Section 3 of the Limitation Act which entitles a person to seek remedy within three years from the date, the cause of action arose, in the instant case the cause of action arose in 2002 and the application has been filed after 10 years therefore on the ground of delay alone this application be dismissed.

3. The judgment del












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