Protima Biswas And ORS. v. State Of West Bengal And ORS.

06.05.2026 In the High Court at Calcutta Item no.DL457 Court No. 24 Asraf, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 7646 of 2026 In the matter of :

PROTIMA BISWAS & ORS.

... Petitioners VS.

THE STATE OF WEST BENGAL & ORS.

... Respondents For the Petitioners :

Mr. Krishna Pada Santra ... Advocate For the Respondent / State :

Ms. Susmita Biswas Chowdhury ... Advocate 1.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

2.

The husband of the petitioner no. 1 and the father of the petitioner nos.2 and 3 was an approved Group-D Staff of a Secondary school and he died-in-harness on 3rd October, 2011.

3.

The Pension Payment Order of the employee concerned was issued on 21st April, 2022 in pursuance whereof the petitioners received the gratuity and arrear family pension on 18th May, 2022.

4.

In the instant writ petition the prayer of the petitioners is a writ of mandamus be issued commanding the respondents to pay interest on

the said amount of arrear family pension and gratuity for the delayed payment.

5.

It is now well settled that the petitioners are entitled to the interest, as prayed for.

6.

The respondents, the concerned Treasury Officer in particular are, therefore, directed to pay interest at the rate of 8% per annum on the arrear amount of family pension and gratuity from the date of death of the employee concerned till the date of such payment.

7.

The payment as aforesaid shall be made within the period of eight weeks from the date of communication of this order, in default, the said arrear amount shall fetch an additional interest of 2% per annum.

8.

With the aforestated directions, the instant writ petition stands disposed of.

9.

There shall be no order as to costs.

10. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Reetobroto Kumar Mitra, J. )