Calcutta High Court (Appellete Side)
Kamala Devi vs State Of West Bengal & Ors on 7 May, 2018
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
7.5.2018
74
AKD
W.P. 1884(W) of 2018
Kamala Devi
-vs-
State of West Bengal & Ors.
Mr. Arup Kr. Sahoo
... for the Petitioner
Affidavit of service filed by the learned Advocate for the petitioner in Court today be kept
on record.
In spite of service of notice, on several occasions earlier and even today none appeared on
behalf of the respondents. No adjournment has been sought for.
The material facts of the case are supported by records and hence, I have not called for affidavits.
The husband of the petitioner was an Assistant Teacher in the Primary School. He died on 19.6.1972 while has was in service. The pension payment order was issued on 23.2.2012. The petitioner approached the concerned authority for payment of interest on the delayed payment of pension. Being unsuccessful, the petitioner has approached this Court. In this writ petition she prays for interest on the delayed payment of pensionary benefit.
It is now well settled that if there is a delay in releasing the pensionary benefits to a retired employee or to the legal heir of a deceased employee, some amount of interest should be paid to compensate for the delay in releasing the benefits. The pensionary benefits are welfare measures meant to enable a retired employee or the dependants of a deceased employee to live a life of dignity. Hence, it is imperative and of utmost importance that such benefits are released to a retired employee or the legal heir of a deceased employee without any delay. 2 If there is delay, interest at a reasonable rate is payable by way of compensation. This is not punitive but purely compensatory.
Learned Counsel for the petitioner drew my attention to a Memorandum dated November 1, 2010 issued by the School Education Department, Budget Branch, Government of West Bengal. The said Memorandum pertaining to pension/family pension in respect of the employees who retired or died-in-harness prior to April 1, 1981. Paragraph 4 of the said Memorandum provides, inter alia, that the financial benefit may be given with effect from June 15, 1990 or from the date of application for pension/family pension whichever is later.
In the present case, the petitioner cannot state with any certainty the date of application for pension/family pension. Hence, in view of the aforesaid and also having regard to the decision of the Hon'ble Supreme Court in the case of D. D. Tewary (Dead) through legal representatives vs. Uttar Haryana Bijli Vitran Nigam Limited & Ors., I direct the Treasury Officer, Howrah to pay to the petitioner interest at the rate of 9% per annum on the amount released in favour of the petitioner by way of pensionary benefit on and from June, 15, 1990 till the date of issuance of Pension Payment Order.
Such payment of interest is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities.
Since the affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted.
With this direction, this writ petition is disposed of.
However, there will be no order as to costs.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Samapti Chatterjee, J. ) 3