Calcutta High Court (Appellete Side)
Ac Usha Rani Kangsabanik vs State Of West Bengal & Ors on 3 April, 2012
Author: Harish Tandon
Bench: Harish Tandon
1
Sl/ 03.4.12 W.P. 6583 (W) of 2012
15
ac Usha Rani Kangsabanik
-vs-
State of West Bengal & Ors
Mr. Prosenjit Mukherjee
Mr. Sudakshina Dey ... For Petitioner
Mr. Prabir Kumar Dey ... For State
Vakalatnama filed today on behalf of
State/respondents be kept with the record.
The petitioner is granted leave to delete the name of petitioner no. 2 from the cause title of the writ petition.
The matter was adjourned on an earlier occasion on the prayer of the learned Advocate appearing for the State to enable him to take necessary instruction.
Today when the matter is taken up, the learned Advocate appearing for the State candidly submits that in spite of communication the concerned authority has not approached him to enable him to take instruction in this regard and, therefore, he is unable to address the Court relating to the factual matrix involved herein.
Petitioner's son was appointed as a Clerk in Makhla Prahlad Singh Shiksha Niketan (Junior High Co- educational School) in Village Singhpara, District Hooghly. Unfortunately, the son of the petitioner died on 5th March 2007. Subsequently, the petitioner made a representation for release of the pension and other retiral benefits.
It is further alleged that though a cheque 2 towards retiral benefit has been prepared but the same has not been handed over and/or deposited in the account of the petitioner. It further appears from the statements made therein that the petitioner received the amount of gratuity on June 20, 2008.
In this writ petition the petitioner has prayed for a direction upon the respondents to release the Provident Fund and the Family Pension and also to pay interest on delayed payment of gratuity.
It is undisputed that the son of the petitioner died on March 5, 2007 whereas the gratuity amount was paid after a period of more than a year. Provident Fund as well as Family Pension has not been paid to the petitioner as yet.
It is really unfortunate that because of untimely death of the only earning member, the members of the family are being deprived of the admissible benefits.
In view of the above fact, respondent no. 2 is directed to consider the prayer of the petitioner for payment of Provident Fund as well as Family Pension within four weeks from the date of communication of this order.
Since gratuity was paid after a lapse of more than one year, the petitioner is entitled to interest over the delayed payment of the gratuity at the rate of 10% calculated from the date of death till its actual payment. Such interest shall be paid by the concerned authority within six weeks from the date of communication of this order.
Since affidavits have not been called for, allegations made in this writ application shall be deemed to have been denied by the respondents.
The writ application, is, thus, disposed of. However, there will be no order as to costs.
Urgent photostat certified copy be supplied to 3 the parties, if applied for, on priority basis.
(Harish Tandon, J.)