Calcutta High CourtWPA/7580/2025dismissed

Sukalyan Paul And ANR. v. State Of West Bengal And ORS.

2025-04-23Hon'Ble Justice Saugata Bhattacharyya3 pages

23.04.2025 Court No. 18 Item No. 35 (Suvendu) WPA 7580 of 2025 Sukalyan Paul & Anr.

-Versus- The State of West Bengal & Ors.

Mr. Subhasis Chakraborty Ms. Sushmita Kumari SIngha Mr. Aditya Mondal ......for the petitioners Ms. Kakali Samajpati Ms. Dipa Bhattacharya ...for the State Affidavit of service filed on behalf of the petitioners is taken on record.

By presenting this writ petition, petitioners have claimed interest on arrear pension which was paid to them being the legal heirs of a deceased Head Teacher of a primary school due to his superannuation.

It is submitted on behalf of the petitioners that due to delayed payment of arrear pension from the date following the date of superannuation till the date of refund which was made by father of the petitioners in terms of Government notification dated 13th June, 2014 they are entitled to receive interest on arrear pension.

Such prayer is opposed by learned advocate representing State respondents since in the previous writ petition being WPA 18375 of 2023 preferred by the petitioners along with prayer for release of arrear pension specific prayer was made for release of interest due to delayed payment of arrear pension and same was considered by the Coordinate Bench vide order dated 7th December, 2023.

Having considered the submissions made on behalf of the parties, it appears that petitioners made specific prayer in the writ petition being WPA 18375 of 2023 seeking interest on arrear pension along with payment of arrear pension but same was not granted by the Coordinate Bench while disposing of the said writ petition vide order dated 7th December, 2023. With the identical prayer present writ petition has been filed claiming interest on arrear pension which appears to be barred by constructive res judicata.

Hence, writ petition stands dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)