Tarun Agarwala, J. - (1.) The husband of the petitioner was a Principal in Shri Dharm Sanskrit Vidhyalaya which is an educational institution recognized under the U.P. Intermediate Education Act and is also receiving a grant-in-aid from the State Government. The husband of the petitioner was murdered on 19.7.1981 while in service. The petitioner applied for a family pension. The Additional Inspector, Jhansi Region, Jhansi, vide letter dated 30.9.1985 intimated the Deputy Director of Education that the pension papers would not be processed as the husband of the petitioner had not submitted the form indicating as to whether he would retire at the age of 58 years or 60 and further enquired as to whether the new pay scale would be admissible in the case of the petitioner's. It transpires that on account of the correspondence being made between one authority and another authority, the petitioner ran from pillar to post and could not get the relief. From the record, it further transpires that on 8.8.2001 the Deputy Director of Education directed the District Inspector of Schools to submit all the documents. Based on the aforesaid direction it transpires, that certain papers were forwarded on 28.10.2001 by the Principal of. the Institution and subsequently by an order dated 7.11.2001 the Joint Director of Education passed an order granting family pension to the petitioner. Based on the order of the Joint Director a sum of Rs. 1,90,331/- + Rs.29, 875/- was paid to the petitioner as arrears.
(2.) In this way, the petitioner started receiving family pension after almost 20 years from the date of death of her husband. The petitioner made a representation to the authority for payment of interest on the delayed payment and when no action was taken on the said representation, the petitioner filed Writ Petition No.20812 of 2002 which was disposed of by an order dated 17.5.2002 directing the authority to decide the representation. Pursuant to the aforesaid direction the authority by an order dated 9.4.2003 rejected the representation of the petitioner and the claim for interest on delayed payment. The petitioner has now filed the writ petition for the quashing of the order dated 9.4.2003 passed by the Deputy Director of Education (Secondary), Jhansi Region, Jhansi and for a writ of mandamus commanding the respondents to pay interest on the delayed family pension @ 18% p.a.
(3.) Heard Sri N.L.Pandey, the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.;