Kaberi Hazra v. State Of West Bengal And ORS.

02.02.2026 Sl. No.14(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18026 of 2025 Kaberi Hazra

Versus

The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyay ...for the Petitioner.

Mr. Subrata Bhattacharjee ...for the State.

1.

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

2.

The report filed by the District Inspector of Schools (Primary Education), Howrah, respondent No.4 is taken on record.

3.

By the present writ petition, the petitioner seeks direction upon the respondent authorities to disburse interest on delayed payment of arrear family pension from the date following the date of death of the deceased employee till the date of actual payment @ 18% per annum.

4.

The petitioner contends that her father, late Asta Pada Hazra was an Assistant Teacher in a primary school under Howrah District Primary School Council. The petitioner's father retired from service on superannuation on 30th April, 1991 and had been receiving monthly pension till his death on 2nd February, 2018. The petitioner is unmarried daughter of the

deceased employee. The mother of the petitioner, namely Sefali Hazra pre-deceased her father on 14th May, 1983. The family pension was granted in favour of the petitioner on 15th February, 2024 respectively. The arrear pension was received on 18th March, 2024 and 20th March, 2024. However, no interest was paid on the said amount. Hence, this writ petition.

5.

Mr. Anil Kumar Chattopadhyay, learned Advocate for the petitioner submits that petitioner is entitled to interest on arrear family pension from the date following the date of death of her father till the date of actual payment.

6.

Mr. Subrata Bhattacharjee, learned Advocate for the State submits that there is no such delay in grant of family pension in favour of the petitioner and the subsequent arrears and as such the petitioner is not entitled to interest on the arrear of family pension as per the report.

7.

The arrears have been disbursed only in the month of March, 2024. There cannot be any dispute that the petitioner is entitled to interest on arrear amount from the date following the date of death of her father, i.e. 3rd February, 2018.

8.

In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Uluberia, Howrah are directed to disburse interest @ 8% per annum on arrear family pension in favour of the

petitioner from the date following the date of death of petitioner's father i.e. 3rd February, 2018 till the date of actual payment within a period of eight weeks from date of communication of this order.

9.

Learned advocate for the petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Uluberia, Howrah, for necessary compliance.

10. With the above direction, the writ petition being WPA 18026 of 2025 stands disposed of.

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

12. Interim order, if any, stands vacated.

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

14. There shall be no order as to costs.

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

16. 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.)