Khukurani Dhara v. State Of West Bengal And ORS.

27.04.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 8965 of 2021 Khukurani Dhara -versus The State of West Bengal & Ors.

Mr. Sourav Mitra.

...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 on 30th September, 1989 and he expired on 7th January, 2009. The widow of the deceased teacher expired on 14th October, 2011. The petitioner claims that she became a widow on 14th September, 2015 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.)