ASHIM KUMAR BANERJEE,J. - (1.) In re.: C.A.N. 9511 of 2011. The concerned primary teacher died on December 21, 1989 leaving him surviving his widow and three sons. On the prayer of the widow the eldest son got the compassionate appointment. It now appears that he has deserted his mother, being the appellant above-named and is living separately and not looking after her. The lady has now come up for pension after 22-23 years of her husband's death. The learned Judge dismissed the application on the ground of inordinate delay. Hence, this appeal before us.
(2.) The learned Counsel appearing for the appellant has drawn our attention to two decisions; one by the Division Bench of this Court in the case of Akhilendu Ghosh v. State of West Bengal and Ors., reported in 2001 (3) CHN 688 and the other by the Apex Court in the case State of West Bengal v. Haresh C. Banerjee and others, reported in (2006) 7 SCC 651 , to show that denial of pension is a continuing wrong.
(3.) In the case of Akhilendu Ghosh (Supra) the incumbent was under suspension in a departmental proceeding. He was being paid subsistence allowance. The Tribunal dismissed his application for promotional and retiral benefit after he reached the age of superannuation. The Tribunal dismissed the application on the ground that the claim was barred by limitation in view of the provisions of Section 21(1) of the Administrative Tribunal Act, 1985. High Court gave him relief.;