Smt. Padma Halder and ors. Vs. the Board of Trustees for the Port of Calcutta and ors. - Court Judgment

Excerpt:
the court : this writ application is filed by the petitioner for a direction upon the respondent no.1 for allowing the petitioner to come to the government definition of pay from the post definition of pay in connection with the family pension to the petitioner arising out of the service of her deceased husband habul ch. holder, who was an employee of respondent no.1. today, it is submitted by the learned counsel appearing on behalf of the respondents that by order dated september 15, 2010 passed by the respondent no.5, the family pension payable to the petitioner in pension case no.9687c/a is allowed in government line in accordance with the government directive conveyed by letter no.a-38011/7/87-pe.i dated august 13, 1990. it is further submitted that by virtue of the above order the family pension has already been fixed extending the dearness relief thereon in accordance with law. it is further submitted that action is being taken to remit the arrear arising thereon to the bank account of the petitioner. in view of the above, i direct the respondent authority to implement the above decision within september 30, 2010. the respondent authority is further directed to pay interest on the arrear amount payable to the petitioner at the highest prevailing rate payable on fixed deposit by a nationalized bank from the date the same was due and payable till the date of actual payment within the aforesaid period. it is, however, made clear that if there is any defect in the calculation, the petitioner will be at liberty to raise objection with regard to the same in accordance with law. this writ application is, therefore, disposed of. there will, however, be no order as to costs. urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:
The Court : This writ application is filed by the petitioner for a direction upon the respondent no.1 for allowing the petitioner to come to the Government definition of pay from the post definition of pay in connection with the family pension to the petitioner arising out of the service of her deceased husband Habul Ch. Holder, who was an employee of respondent no.1. Today, it is submitted by the learned counsel appearing on behalf of the respondents that by order dated September 15, 2010 passed by the respondent no.5, the family pension payable to the petitioner in Pension Case No.9687C/A is allowed in Government line in accordance with the Government directive conveyed by letter No.A-38011/7/87-PE.I dated August 13, 1990.

It is further submitted that by virtue of the above order the family pension has already been fixed extending the dearness relief thereon in accordance with law. It is further submitted that action is being taken to remit the arrear arising thereon to the bank account of the petitioner.

In view of the above, I direct the respondent authority to implement the above decision within September 30, 2010. The respondent authority is further directed to pay interest on the arrear amount payable to the petitioner at the highest prevailing rate payable on fixed deposit by a Nationalized Bank from the date the same was due and payable till the date of actual payment within the aforesaid period. It is, however, made clear that if there is any defect in the calculation, the petitioner will be at liberty to raise objection with regard to the same in accordance with law. This writ application is, therefore, disposed of. There will, however, be no order as to costs.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.