LAWS(PAT)-2015-9-186

SHARDA DEVI WIFE OF LATE DINESHWAR PRASAD SINGH, EX Vs. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF COMMUNICATION, DEPARTMENT OF TELECOM, GOVERNMENT OF INDIA, NEW DELHI

Decided On September 01, 2015
Sharda Devi Wife Of Late Dineshwar Prasad Singh, Ex Appellant
V/S
The Union Of India Through The Secretary, Ministry Of Communication, Department Of Telecom, Government Of India, New Delhi Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ application has originally been filed seeking a direction to the respondents to grant family pension, gratuity etc. payable on account of the death of her husband on 07.05.2008. As per the counter affidavit filed, it appears that all admitted dues have been paid to the petitioner who is the widow of the deceased employee during the pendency of the writ application.

(3.) Learned counsel for the petitioner submits that the husband of the petitioner died in harness on 07.05.2008 and thereafter the total amount of pension and gratuity was finally paid in the year 2013. Accordingly, he prays for interest on the delayed payment at least equivalent to the rate which is provided for in the statute itself. For such proposition learned counsel relies upon a decision of the Honourable Supreme Court in the case of D.D. Tewari Vs. Uttar Haryana Bijli Vitran Nigam Ltd. reported in (2014) 8 SCC 894 .