CALCUTTA HIGH COURT
Sujoy Paul, Smita Das De, JJ
Nani Bala Das – Appellant
Versus
The Union of India – Respondent
| Table of Content |
|---|
| 1. dismissal of the widow's pension claim based on delay. (Para 3 , 4) |
| 2. court emphasizes pension as a continuous claim. (Para 7 , 8) |
| 3. restoration of the case for expedited hearing. (Para 9 , 10) |
3. This intra-court appeal takes exception to the order dated 27.04.2023 passed in WPA 21623 of 2022 whereby the petition filed by the widow of the deceased employee seeking benefit of pension was dismissed solely on the ground of delay, laches, acquiescence on her part.
4. Learned counsel for the appellant submits that the learned Single Judge has not dealt with merits of the case. The petition was solely dismissed on the ground of delay. By taking assistance of judgment of the Supreme Court report in (1995) 4 SCC 683 ( State of Maharashtra vs. Digambar ), it is submitted that this judgment of the Supreme Court was not dealing with retiral dues/pensionary benefits. By placing reliance of the judgment of the Supreme Court in Asger Ibrahim Amin vs. Life Insurance Corporation of India [2015 0 Supreme(SC) 954], it is submitted that the claim of pension is a recurring cause. The right of pension accrues every month. The pensionary claims cannot be dismissed on the ground of del
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