Momena Bibi v. State Of West Bengal And ORS.

12.11.2025 Sl. No.3 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 16123 of 2025 Momena Bibi

Versus

The State of West Bengal & Ors.

Mr. Rajib Kumar Basu ...for the Petitioner.

Mr. Nandadulal Bandyopadhyay ...for the State.

1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition the petitioner seeks for interest on the pensionary benefits and retiral dues received by the petitioner amounting to Rs.14,85,781/- at the rate of 10% per annum from 31st July, 2013 to 25th February, 2025.

3.

The petitioner contends that her husband late Liaquat Ali Sardar joined as an Assistant Teacher of Hinchakhali Free Primary School, Canning, South 24-Parganas in the year 1997. However, during his service period he became sick and paralysed on 25th May, 2009 and was unable to attend his school. The husband of the petitioner retired on 31st July, 2013 and expired in the year 2020. Pursuant to the order passed in WPA 28991 of 2023 the retiral dues of the

deceased employee was granted to the petitioner being the widow of the deceased employee. However, no such interest was granted. Hence, this writ petition.

4.

Mr. Rajib Kumar Basu, learned Advocate appearing on behalf of the petitioner submits the petitioner being the widow of the deceased employee is entitled to interest on delayed payment of the pensionary benefits, retiral dues and gratuity. He seeks for appropriate direction for grant of interest on the amount of retiral benefits of Rs.14,85,781/- from 31st July, 2013 to 25th February, 2025.

5.

On earlier occasion learned Advocate for the State filed report of the District Inspector of Schools (PE), South 24-Parganas dated 9th September, 2025.

6.

In the aforesaid report it is stated that the amount of Rs. Rs.14,85,781/- is received by the petitioner towards pensionary benefits and gratuity. However, record reveals that the respondent authorities have not paid any interest on the delayed payment of such amount.

7.

In view of the above, Director of Pension, Provident Fund and Group Insurance, respondent no.2 and the Treasury Officer, Alipore, respondent no.5 shall take appropriate steps for disbursement of the interest amount on the pensionary benefits which have been disbursed to the tune of Rs.

Rs.14,85,781/- at the rate of 8% per annum from the date following the date of retirement, i.e. 1st August, 2013 till the date of disbursement, i.e. 25th February, 2025, within a period of six weeks from the date of communication of this order.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent authorities for necessary action.

9.

With the above direction, the writ petition being WPA 16123 of 2025 stands disposed of.

10.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11.

Interim order, if any, stands vacated.

12.

All connected applications, if any, stand disposed of. 13.

There shall be no order as to costs.

14.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)