Rekha Ghosh v. State Of West Bengal And ORS.

06.08.2024 Ct. No. 14 M/L-184.

KB In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 6054 of 2024 Rekha Ghosh -versus- The State of West Bengal & Ors.

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

Ms. Dipa Bhattacharya ... For the State.

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

The petitioner is the widow of a deceased primary school teacher. The teacher retired from service on 30th September, 1992 and he died on 19th February, 2020. PPO was issued in favour the teacher on 02.04.2001 and the teacher received his dues in March, 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.

Four years after the death of the teacher the widow has come forward to claim 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 be safely presumed that he was not aggrieved by the act of the respondent authorities in issuing the PPO and in disbursing his terminal dues at a delayed point of time. The widow cannot reopen the issue at such a belated stage. 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.)