Chandrashekhar, J. - (1.) The learned counsel appearing for the petitioner submits that the husband of the petitioner was appointed as Chowkidar/Dafadar on 13.02.1970 and he died on 12.06.1992. However, the pensionary benefit/family pension to the petitioner was not granted and therefore, the petitioner approached this Court in W.P.(S) No.3527 of 2010 seeking grant of family pension as well as appointment for her younger son on compassionate ground. By order dated 15.06.2011, a direction was issued to the respondents to pass appropriate order on the petitioner's claim for family pension. Pursuant to order passed by this Court on 15.06.2011, family pension to the petitioner has been granted by the order dated 28.01.2012.
(2.) A counter-affidavit has been filed in which, the claim of the petitioner for grant of interest has been sought to be denied by the respondents by taking a stand that, since the petitioner did not submit documents, her claim for grant of family pension was not decided. Paragraph Nos. 16 and 21 of the counter-affidavit are extracted below: 16. "That in reply to para15 of the writ petition it is stated and submitted that it is not correct and hereby denied by the answering respondents because delay occurred due to the negligence of the petitioner and therefore petitioner is not entitled for interest. 21. That it appears that the said service book has been lost while transferring the records from Giridih District to Bokaro District. Circle Officer Nawadih has been directed to recreate the service book of the petitioner's husband by collecting the records available at Giridih District as well as Bokaro District, but the above process may take some times as records are more than 30 to 35 years old. Meanwhile as per the minimum pension scheme of the State Government a pension of INR 1275/- per month has been fixed, by the Circle Officer, Nawadih."
(3.) Heard the learned counsel appearing for the parties and perused the documents on record.;