Shanti Devi Tamang 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 465 of 2022 (Via Video Conference) Shanti Devi Tamang -versus The State of West Bengal & Ors.

Mr. Anirban Chakraborty.

...For the Petitioner.

Mr. Hirak Barman, Ms. Bedashruti Bose.

...For the State.

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

The petitioner retired from service on attaining her normal age of superannuation on 31st July, 2010 and Pension Payment Order was issued in her favour on 19th July, 2011. The petitioner received gratuity and arrear pension on 12th September, 2011.

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

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)