Ajit Kumar Pati v. State Of West Bengal And ORS.

16.12.2025 Sl. No.19 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18516/2025 AJIT KUMAR PATI VS STATE OF WEST BENGAL AND ORS.

Mr. Sourav Mitra Ms. Sudipa Banerjee ...for the Petitioner.

1.

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

2.

By the present writ petition the petitioner seeks direction upon the respondent authorities to disburse the interest amount towards the pensionary benefits including arrear family pension till the date of actual disbursement of amount together with interest at the rate of 18% per annum.

3.

The petitioner contends that his father was an approved Assistant Teacher in Simulia Barh Atayak Primary School, P.O.-Jumki in the district of Purba Medinipur who died-in-harness on 4th March, 1971. The petitioner's mother died on 15th October, 2009. The pension payment order was issued on 22nd October, 2013. The pensionary benefits were received on 31st December, 2013 just after issuance of Pension Payment Order as above but without interest. The petitioner is the only legal heir of the deceased teacher.

The petitioner approached the concerned authority for payment of interest on delayed payment of pensionary benefits and arrear family pension. However, since no steps have been taken, hence this writ petition. 4.

Mr. Sourav Mitra, learned advocate for the petitioner submits that the petitioner is entitled to receive interest on delayed payment of pensionary benefits. He relies on the Circular dated 15th June, 1990. 5.

None appears on behalf of the State.

6.

Mr. Krishna Pada Santra, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised. 7.

The petitioner is directed to hand over a copy of the writ petition along with the annexures to Mr. Krishna Pada Santra, learned advocate for the State.

8.

Mr. Santra, learned advocate for the State leaves the matter to the discretion of the Court.

9.

From the contention raised in the writ petition, it appears that there is delay in disbursement of pensionary benefits including arrear family pension. It is the bounden duty of the State to disburse the pension and retiral benefits of the employee forthwith failing which, the employee is entitled to interest on the delayed payment of the same.

10.

In view of the above, respondent no. 2, the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Egra are directed to disburse the

interest @ 8% per annum to the petitioner on the amount released in favour of the petitioner by way of the pensionary benefits including arrear family pension on and from 15th June, 1990 till the date of issuance of the Pension Payment Order.

11.

Learned advocate for the petitioner is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal and also the respondent no.3, Treasury Officer, Egra for necessary compliance.

12.

With the aforesaid directions, the writ petition being WPA 18516 of 2025 is disposed of.

13.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 14.

There shall be no order as to costs.

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.)