Sandhya Mazumder v. State Of West Bengal And ORS.

27.04.2022 S.H.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 232 of 2022 Sandhya Mazumder -versus The State of West Bengal & Ors.

Mr. Sudip Sarkar ...For the Petitioner.

Mr. Debjit Mukherjee Ms. Susmita Chatterjee ... For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner happens to be the unmarried daughter of the deceased primary school teacher. The teacher retired from service on attaining his normal age of superannuation on 31.03.1996 and he expired on 09.12.1997. The mother of the petitioner pre-deceased her father.

The petitioner claims that family pension was issued in her favour in the year 2019. The petitioner claims interest on delayed payment of the family pension in her favour.

There is nothing on record to show that the petitioner applied for family pension after the death of her father.

There is no averment in the writ petition with regard to the date on which the petitioner applied for grant of family pension in her favour.

In the absence of such vital averments, prayer of the petitioner for grant of interest on account of delayed payment cannot be accepted.

There is nothing on record to show that there was any delay on the part of the respondents in releasing the family pension in favour of the petitioner herein. In view of the above, no relief can be granted in favour of the petitioner in the present writ petition. The writ petition fails and is hereby dismissed. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)