Chaitali Dasgupta vs Sanjoy Chattapadhay
2023 Latest Caselaw 3615 Cal

19.05.2023.
Court No.13
 Item No. 1
    ap                           CPAN 268 of 2023
                                         In
                             W.P.A. No. 13715 of 2021

                             Chaitali Dasgupta
                                   Versus
              Sanjoy Chattapadhay, District Inspector of Schools
                            (SE), Kolkata & Anr.
                    Ms. Santi Das.
                                                 ...For the petitioner.
                    Ms. Chama Mookherjee,
                    Ms. Sujata Ghosh.
                                                      ...For the State.
                    Mr. Bhaskar Prasad Vaisya,
                    Mr. Nilay Baran Mondal.
                                   ...For the alleged contemnor no.2.


              1.

A Pension Payment Order has been issued to the

petitioner on 17th May, 2023 by the District Inspector

of Schools (SE), Kolkata.

2. Ms. Das, Counsel for the petitioner submits that

the pension has commenced only following the date of

death of the husband employee. She submits that the

arrears of pension should be calculated since after the

date of retirement of a deceased husband and not

from the date of death.

3. Counsels may make appropriate submissions on

the clarification issued by a Special Bench of this

Court to the judgment dated 16th July, 2013 passed in

A.P.O. No. 94 of 2009 (State of West Bengal & Ors. -

Vs. - Abhijit Baidya & Ors.) of any Division Bench in

this regard.

4. Admittedly, there is delay in releasing terminal

benefits of the petitioner. The petitioner widow has no

other source of sustenance and has been living in

penury since after retirement and subsequent death,

of her husband.

5. Pending disposal of the contempt application, the

admitted dues payable to the petitioner in terms of the

Pension Payment Order may be released within a

period of one week from date.

6. For the delay in compliance of this Court's order

dated 8th August, 2022 and the sum payable to the

petitioner shall carry interest at the rate of 7% per

annum from December 1, 2022 till date of actual

payment.

7. The personal appearance of the alleged contemnor

no.1 is dispensed with for the day on his undertaking

to be present before this Court on the adjourned date.

8. List the matter on 12th June, 2023 under the

same heading.

9. Let a photostat plain copy of this order duly

countersigned by the Assistant Registrar (Court) be

handed over to the Counsels for the parties upon

compliance with all necessary formalities.

(Rajasekhar Mantha, J.)