Sita Kayal v. State Of West Bengal And ORS.

01.02.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 8710 of 2021 Sita Kayal -versus The State of West Bengal & Ors.

Mr. Bidhan Biswas.

...For the Petitioner.

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

None appears on behalf of the State respondents in spite of service.

The husband of the petitioner was a Primary School Teacher and retired from service on 31.01.2011. Pension Payment Order was issued in his favour on 22.02.2013 and the arrear pension amount was disbursed in his favour on 02.05.2013.

After the death of the teacher on 22.10.2019 the petitioner being the widow has approached this Court praying for interest on account of delayed payment of the arrear pension amount.

I have heard learned counsel for the petitioner and considered the orders passed by this court in similar facts.

It is settled law that the right of a retired employee to get his retiral dues on the date of attaining

superannuation is a valuable right which accrues in his favour on the date of his attaining superannuation. If payment of gratuity and pension is delayed the retired employee is surely entitled to get some interest for such delayed payment.

In the present case, it is noticed that the pensioner was alive for more than six years after the Pension Payment Order was issued in his favour. The pensioner never raised any issue or claimed interest on account of delayed payment of arrear pension. The same implies that the pensioner waived his right to claim interest. It is not open for the widow to raise any claim with regard to delayed payment of the arrear pension which was payable in favour of her husband.

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, neither the petitioner nor her husband raised 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 death of the pensioner.

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.)