Usha Karan v. State Of West Bengal And ORS.

September 27, 2024 AD 18 Ct. 17 SG WPA 22404 of 2024 Usha Karan vs.

The State of West Bengal and others Mr. Sourav Mitra Ms. Sreyasree Choudhury ... for the petitioner.

Ms. Debapriya Chatterjee ... for the State.

Affidavit of service filed in Court is taken on record. The petitioner claims to be the widow daughter of a deceased primary school teacher, who passed away on 04.11.2008 after retirement. The mother of the petitioner breathed her last on 10.05.1996. The petitioner's husband died on 03.03.2007. The petitioner prayed for granting of family pension.

The benefit of family pension was allowed by the State Government by a Government circular dated 13.04.2010. The Pension Payment Order was issued in favour of the pensioner on 13.06.2019. The petitioner seeks interest on account of the delayed payment of the arrear family pension.

It is settled law that the terminal benefit is not a bounty and valuable right in the hand of the employee or

on his death in the hand of the heirs of the deceased employee.

In the present case, family pension was disbursed long after the date of death of the teacher. The respondent authorities ought to pay interest on such delayed payment.

In view of the above, the District Inspector of Schools (P.E.), Purba Medinipur and the Treasury Officer, Tamluk are directed to take steps for paying simple interest to the heirs of the deceased teacher @ 7% per annum to be calculated on and from 04.11.2008 till the date of actual payment of the arrear pension.

The payment shall be made at the earliest, but positively within a period of twelve weeks from the date of communication of this order.

With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on compliance of requisite formalities.

[ Jay Sengupta, J. ]