- (1.) The appellant has preferred this appeal against the judgment and order of the learned Single Judge dated 10/02/2016; whereby the learned Single Judge has issued a direction for payment of the retirement dues but not granted interest on the delayed.
(2.) Counsel for the appellant has contended that the appellant was deprived of her legitimate right in spite of Office Memorandum (in short "OM") issued by the Government of India dated 16/01/2013. However, the record is silent when the letter was written, however, the appellant disputes the same. The view taken by the learned Single Judge reads as under:- "I find that if OM had come followed by letter of the SBBJ, the petitioner was required to approach the non-petitioners along with all the relevant documents so that family pension is released at the earliest. At the first instance, the petitioner was not entitled for family pension thus any claim for interest prior to issuance of OM dated 16/01/2013 is not tenable. In fact, the Bank had adopted it by their order dated 10/4/2013 thus entitlement for the family pension accrued to the petitioner on the aforesaid date only or it can be when OM was issued on 16/1/2013. The petitioner was under an obligation to complete the formalities after knowing about the memorandum and the respondents were also required to send letters to call the petitioner for completion of formalities. One letter sent by the respondents has been placed on record which is dated 27/6/2015 but said to have not been received by the petitioner. In any case, when telephonic calls were received by the petitioner, she should have approached the respondents for release of family pension. Nothing exists on record to show effort of the petitioner to complete the formalities to get family pension. After taking into consideration the peculiar facts of this case, I am not inclined to award interest to the petitioner, however, respondents would release the benefits now within two weeks from the date of completion of all the formalities by the petitioner in two weeks. On completion of formalities, if the family pension is not released within two weeks thereupon, the petitioner would be entitled to the interest @ 9% p.a. for delayed period thereupon. The writ petition is allowed with the aforesaid."
(3.) In that view of the matter, we are of the opinion that view taken by the learned Single Judge is just and proper, no interference is required.;