Calcutta High Court (Appellete Side)
Smt. Asima Santra & Ors vs The State Of West Bengal & Ors on 21 May, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
21.05.10 In The High Court at Calcutta
ss Constitutional Writ Jurisdiction
Appellate Side
W.P. No. 2825 (W) of 2008
Smt. Asima Santra & Ors.
v.
The State of West Bengal & Ors.
Mr T.D. Maity
Mr Pradip Ghosh ...for the petitioners.
The petitioners in this art.226 petition dated February 13, 2008 are
seeking a mandamus commanding the respondents to pay them terminal
benefits and family pension with interest.
One Pradip Kumar Santra was an assistant teacher in Kolia Amir Ali High School in Nabagram Sikipur of the district Howrah. He died in harness on January 30, 2003. He was survived by the petitioners, his wife, son and daughter respectively. Only a part of the provident fund was paid on October 30, 2003. Since other benefits were not paid, they brought this petition.
During pendency of the petition and in terms of order of this court balance provident fund and other benefits were released. But no interest was paid for delay in payment of the benefits. Hence the only question that requires adjudication is whether the petitioners are entitled to interest for delay in payment of provident fund and other benefits.
The respondents have filed opposition. However, none appears for them. The petitioners have filed replies.
From the pleadings of the parties it is evident that the delay in payment of the provident fund and other benefits was for the lapses on the part of the institute and officials of the state. I am, therefore, of the view that for delay in payment of the provident fund and other benefits the petitioners are entitled to interest. In my opinion, interest at the rate of 8% per annum will be fair and reasonable.
For these reasons, I dispose of the petition ordering as follows. The respondents shall pay the petitioners interest for delay in payment the benefits at the rate of 8% per annum from February 1, 2003 till the date of actual payment within four weeks from the date of communication of this order. No costs. Certified xerox.
(Jayanta Kumar Biswas, J.) 2