PADMABATI MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed by the petitioner Smt. Padmabati Mitra challenging the order dated 13.4.2012 passed by the Calcutta Bench of the Central Administrative Tribunal in the application of the petitioner under Section 19 of the Administrative Tribunal Act 1985 being O. A. No. 913 of 2011 rejecting thereby the prayer of the petitioner for payment of interest against the pension amount because the money had been held by the government from 1982.

(2.) The husband of the petitioner was an employee of Geological Survey of India, Eastern Region, who met with an accident on 18th October, 1982 and died on the same date. The respondent granted family pension to the applicant under the provision of CCS (Pension) Rules 1972 thereafter the petitioner approached the respondent to grant her family pension under CCS (Extraordinary Pension) Rules 1939 on and from 19.10.1982 the same was rejected by the respondent on 31.12.2008. Then the petitioner moved before the tribunal in O. A. No. 452 of 2009 in which the tribunal directed the representation of the petitioner should be considered and the said representation of the petitioner was rejected on 22.6.2010. Then the petitioner moved before the High Court in W. P. C. T. No. 247 of 2010 and High Court disposed of the said writ application on 21.2.2011 directing the respondents to pay all arrear dues of the family pension on and from 19.10.1982. The petitioner moved before the High Court for granting interest which was dismissed by the High Court with a direction to move before the appropriate forum for adjudication of the said claim.

(3.) Accordingly, the petitioner moved before the Central Administrative Tribunal, Calcutta Bench, O. A No. 913 of 2011 which was dismissed by the learned Tribunal for which the petitioner came before this Court with a prayer to set aside the order of the tribunal and to grant penal rate of interest for the culpable delay in paying the arrears of family pension by the respondent. However, the learned Advocate for the respondent submitted that there was no delay in payment of the family pension to the petitioner as the petitioner after the demise of her husband S. K. Mitra on 18.10.1982 the petitioner was granted family pension just on the next date i. e. 19.10.1982 under CCS (Pension) rules 1973. Her son also got an appointment on compassionate ground on 21.1.1985.