Karunakana Patra v. State Of West Bengal And ORS.

27.04.2022 S.H.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 20706 of 2021 Karunakana Patra -versus The State of West Bengal & Ors.

Ms. Sreyasree Choudhury ...For the Petitioner.

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

None appears on behalf of the State respondents despite service.

The petitioner happens to be the widow daughter of the deceased primary school teacher. The teacher retired from service on attaining his normal age of superannuation on 28.02.1981 and he expired on 09.06.2011. Petitioner's mother also died on 11.05.2011 and her husband died on 28.03.2005.

The petitioner claims that 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.)