Satarupa Mukherjee v. State Of West Bengal And ORS.

28.04.2022 SH.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 3136 of 2022 Satarupa Mukherjee -versus The State of West Bengal & Ors.

Ms. Tuhina Ghosh.

...For the Petitioner.

Ms. Sudipa Roy Mr. Rakesh Singh ...For the State.

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

The mother of the petitioner was an Assistant Teacher of a primary school and retired from service on 30.11.1997. She died on 01.11.2001. The Pension Payment Order was issued in favour of mother of the petitioner on 18.05.2000 and the mother of the petitioner received the arrear pension amount on 12.07.2000.

The petitioner, being the daughter, prays for interest on account of the delayed payment of the terminal benefits.

In the present case, it is noticed that the petitioner has approached this Court long after the Pension Payment Order was issued in favour of her son and payment made in accordance with the same.

The Hon'ble Supreme Court in Union of India -vsTarsem Singh reported in (2008) 8 SCC 648 clearly laid down that in so far as consequential relief of recovery of arrear for a past period is concerned the relief shall be restricted only to a period of three years prior to the filing of the writ petition or from the date of demand made by the petitioner.

In the instant case, the petitioner did not raise any demand before the respondents praying for release of interest on account of delay in making payment. The petitioner directly approached this Court praying for interest, that too, long after the PPO was issued. The fact that the teacher was alive after receiving the Pension Payment Order and never raised any issue or made any prayer for grant of interest on account of delayed payment of terminal benefits implies that the teacher waived her right to receive interest. There is no explanation given with regard to the inordinate delay in filing the writ petition. 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.)