Muzlefa Khatun v. State Of West Bengal & ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 18434 of 2015 Muzlefa Khatun VS The State of West Bengal & Ors Mr. Md. Hafiz Ali Ms. Shanta Sarkar .... For the petitioner Mr. Pinaki Bhattacharya .... For respondent Nos. 1 to 7 This is a hearing matter.

Court No. 22 14.9.2023 (Item No. 6) (AB) Mr. Md. Hafiz Ali, learned advocate appears for the petitioner.

Mr. Pinaki Bhattacharyya, learned advocate appears for respondent Nos. 1 to 7.

The previous order dated August 24, 2023 speaks for itself.

The principal sum on account of the part of the pensionary benefit of Rs.92,717/- has already been released in favour of the petitioner by way of a cheque dated May 20, 2014.

The claim is on account of family pension payable to a widow of a deceased State employee. The State employee died on October 20, 1984 as would be evident from paragraph 2 from the writ petition. The respondent No. 2 shall pay interest on the said sum of Rs.92,717/- @ 8% per annum on and from April 1, 1996 till the date of actual tendering of money to the petitioner and not thereafter.

The payment of interest as directed above must and should be released and paid to the petitioner positively within a period of three weeks from the date of communication of this order. The office report dated December 28, 2015 shows that, despite direction by a co-ordinate bench on November 30, 2015, no affidavit-in-opposition has been filed. No useful purpose shall be served by keeping the writ petition pending any further, accordingly this order is passed.

With the above observation and direction, this writ petition W.P.A. 18434 of 2015 stands disposed of.

There shall be no order as to costs.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)