Lily Chakraborty v. The State Of West Bengal And ORS

01.03.2023 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 1074 of 2022 Smt. Lily Chakraborty -versus The State of West Bengal & Ors.

Mr. Bikramaditya Ghosh, Mr. Pretom Das.

...For the State.

None appears on behalf of the petitioner at the time of call.

The petitioner was an Assistant Teacher of a primary school. She retired from service on 31.03.2014. The Pension Payment Order was issued in favour of the petitioner on 05.08.2014.

The petitioner prays for interest on account of the delayed payment of the terminal benefits.

In the present case it is noticed that the petitioner has approached this Court long after the Pension Payment Order was issued and payment made in accordance with the same.

The Hon'ble Supreme Court in Union of India -vsTarsem Singh reported in (2008) 8 SCC 648 clearly laid down that in so far as consequential relief of recovery of arrear for a past period is concerned the relief shall be restricted only to a period of three years prior to the

filing of the writ petition or from the date of demand made by the petitioner.

In the instant case the petitioner did not raise any demand before the respondents praying for release of interest on account of delay in making payment. The petitioner directly approached this Court praying for interest, that too, long after the PPO was issued. In view of the above, the Court is not inclined to exercise jurisdiction in the matter and grant any relief in favour of the petitioner.

The writ petition is dismissed.

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

( Amrita Sinha, J.)