Shantilata Ta Sil v. State Of West Bengal And ORS.

S/L 456 28.04.2022 Court No.24 s.biswas WPA 4451 of 2022 Shantilata Ta (Sil) Vs.

State of West Bengal & Ors.

Mr. Anirban Chakraborty ... for the Petitioner Mr. Subrata Dasgupta ... for the State Affidavit-of-service filed in Court today is taken on record.

The petitioner was an Assistant Teacher of a primary school.

She retired from service on 31.03.2011. The Pension Payment Order was issued on 08.07.2011 and the gratuity and arrear pension amount was received on 12.12.2011.

The petitioner prays for payment of interest on account of her delayed payment of her retiral dues. In the present case, it is noticed that the petitioner has approached this Court long after the Pension Payment Order was issued and payment made in accordance with the same.

The Hon'ble Supreme Court in Union of India - vs- Tarsem 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 never raised any issue or made any prayer for grant of interest on account of delayed payment of his termination benefits implies that the teacher waived his right to receive interest. 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.)