Dipak Gayen v. The State Of West Bengal And ORS.
07.08.2024 Sl. 47 Ct.No. 14 Amalranjan
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16638 of 2024 Dipak Gayen Vs.
The State of West Bengal and ors.
Mr. Sourav Mitra Mr. Tamal Taru Panda ...for the petitioner Ms. Sipra Saha ...for the State Affidavit of service filed by the petitioner is taken on record.
The father of the petitioner was a primary school teacher. He expired on 13th June, 1971. The School Education Department, Government of West Bengal published a Memorandum dated 1st November, 2010 relating to pension/family pension in respect of employees who retired or died in harness prior to 1st April, 1981.
Financial benefits in terms of the said Memorandum is payable from 15th June, 1990 or from the date of application for pension/family pension, whichever is later.
The widow of the teacher expired on 11th July, 2015. The Pension Payment Order in
terms of the aforesaid Memorandum has been issued on 30th May, 2024.
The petitioner prays interest on account of the delayed payment of the aforesaid amount.
There is nothing on record in support of the date of filing the application seeking pension. Nevertheless, as the aforesaid Memorandum gives financial benefit on and from 15th June, 1990 and the PPO has been issued at a very belated date, accordingly, the District Inspector of Schools (P.E.), Purba Medinipore is directed to grant interest @ 7% per annum on account of the delayed payment on or from 15th June, 1990 till the date of actual payment.
The District Inspector of Schools (P.E) and the concerned Treasury Officer are directed to take necessary steps in compliance of this order and ensure that the payment is made in favour of the legal heirs of the deceased teacher at the earliest, but positively within a period of twelve weeks from the date of communication of this order.
The writ petition is disposed of.
Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha,J. )