Kakali Dey v. State Of West Bengal And ORS.

S/L 431 27.04.2022 Court No.24 SD WPA 1385 of 2022 Kakali Dey Vs.

State of West Bengal & Ors.

Mrs. Sabita Khutia (Bhunya) ... for the Petitioner.

Mr. Tapas Kumar Kundu ... for the State.

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

The husband of the petitioner was an Assistant Teacher. He died-in-harness on 21.02.2020. Pension Payment Order was issued on 25.6.2021 and the gratuity and arrear pension amount was disbursed on 14.7.2021. The petitioner claims interest on delayed payment of the gratuity and arrear pension amount.

The petitioner prays for payment of interest on account of his delayed payment of his retiral dues. In the present case, it is noticed that the Pension Payment Order was issued after the death of the teacher. The widow has not given any details as to when the fact of death and the application for grant of gratuity and family pension was submitted by her.

In the absence of the vital details the prayer for grant of interest on account of alleged delayed payment cannot be accepted. There is nothing on record to show that the respondents were responsible for the delay in making payment in favour of the petitioner.

In view of the above, the Court is not inclined to exercise jurisdiction in the matter and grant any relief in favour of the petitioner.

The writ petition is dismissed.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Amrita Sinha, J.)