Mst Farida Khatun And ANR. v. State Of West Bengal And ORS.

AD-213 18.11.2025 Court No.18 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 14442 of 2024 Mst. Farida Khatun & Anr.

-versus The State of West Bengal & Ors.

Mr. Dilip Kumar Maiti ...For the Petitioners 1.

Affidavit-of-service filed in Court today is taken on record.

2.

None appears on behalf of the respondents.

3.

The petitioners' husband was an Assistant Teacher of a Secondary School. He retired from service on 28.02.2010. The Pension Payment Order was issued in favour of the husband of the petitioners on 04.12.2013.

4.

The petitioners pray for interest on account of delayed payment of the terminal benefits.

5.

In the present case it is noticed that the petitioners have approached this Court long after the Pension Payment Order was issued and payment made in accordance with the same.

6.

The Hon'ble Supreme Court in Union of India -vs- Tarsem Singh reported in (2008) 8 SCC 648 clearly laid down that in so far as consequential relief of recovery of arrear for the past period is concerned, relief shall be restricted only to a period of three years prior to the filing of the writ petition or from the date of demand made by the petitioner.

7.

In the instant case the petitioners did not raise any demand before the respondents praying for release of interest on account of delay in making

payment. The petitioners directly approached this Court praying for interest, that too, long after the PPO was issued.

8.

In view of the above, the Court is not inclined to exercise jurisdiction in the matter and grant any relief in favour of the petitioners.

9.

The writ petition is dismissed.

10. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)