Chabi Banerjee v. State Of West Bengal And ORS.

06.08.2024 Ct. No. 14 M/L No. 179.

KB In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 6017 of 2024 Chhabi Banerjee -versus- The State of West Bengal & Ors.

Mr. Bansi Badan Maity ... For the petitioner.

Mr. Bishnupada Jana ... For the State.

Affidavit of Service filed in Court today be retained with the record.

The petitioner is the widow of a retired primary school teacher. The teacher retired from service on 31st October, 1991 and he died on 5th September, 2011. PPO was issued in his favour on 14.03.2002 and the teacher received his dues in November, 2002.

Currently the widow has come before this Court seeking interest on account of delayed payment of the terminal dues of her deceased husband.

It appears that the teacher was alive for a considerable period of time after issuance of the PPO and he enjoyed his terminal benefits without raising any issue on account of delayed issuance of the PPO.

After his death the widow has come forward seeking interest. The Court is not inclined to accept the submission of the widow. As the grantee of the PPO never raised any issue, it can safely be presumed that he was not aggrieved by the act of the respondent authorities. The widow cannot be permitted to reopen the issue.

The writ petition fails and is hereby dismissed. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)