Jaba Rani Sau v. State Of West Bengal And ORS.

13.05.2022 BM.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 5412 of 2022 Jaba Rani Sau

Versus

The State of West Bengal & Ors.

Mr. Pabitra Bhaumik ... for the Petitioner Affidavit-of-service filed in Court today is taken on record.

The petitioner happens to the widow daughter of the deceased primary school teacher. The teacher retired from service on attaining his normal age of superannuation and he expired on 17th June, 1995. The widow of the deceased teacher expired on 29th May, 2009.

The petitioner claims that she became a widow on 8th October, 2007 and widow family pension was issued in her favour in the year 2019. The petitioner claims interest on delayed payment of the family pension in her favour.

There is nothing on record to show that the petitioner applied for family pension after the death of her husband.

There is no averment in the writ petition with regard to the date on which the petitioner applied for grant of family pension in her favour.

In the absence of such vital averments, prayer of the petitioner for grant of interest on account of delayed payment cannot be accepted.

There is nothing on record to show that there was any delay on the part of the respondents in releasing the family pension in favour of the petitioner herein. In view of the above, no relief can be granted in favour of the petitioner in the present writ petition. The writ petition fails and is hereby dismissed. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)