Dinesh Kumar Khaling v. The State Of West Bengal And ORS

09.03.2022 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A 464 of 2022 (Via Video Conference) Dinesh Kumar Khaling -versus The State of West Bengal & Ors.

Mr. Anirban Chakraborty.

...For the Petitioner.

Mr. Subir Kumar Saha, Mr. Pretom Das.

...For the State.

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

The petitioner retired from service on attaining his normal age of superannuation on 28th February, 1997 and Pension Payment Order was issued in his favour on 15th June, 2005. The petitioner received arrear pension on 13th August, 2005.

In February, 2022, the petitioner has suddenly woken up from his slumber and approached this Court praying for interest on account of delayed payment of his retiral dues.

There is no explanation for the delay in approaching the Court. The Writ Court ought to exercise discretion after considering the explanation given in the writ petition for approaching Court at a delayed point of time. There is no explanation whatsoever explaining such delay.

Accordingly, no relief can be granted to the petitioner in the instant case on account of unexplained inordinate delay in approaching the Court.

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.)