Bhabani Panda v. State Of West Bengal And ORS.

16.12.2025 Sl. No.18 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18491/2025 BHABANI PANDA VS STATE OF WEST BENGAL AND ORS.

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

Mr. Krishna Pada Santra ...for the State.

1.

By the present writ petition, the petitioner seeks for 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 the amount together with interest. 2.

The petitioner contends that her husband was an approved Assistant Teacher of Bara Kumarda Primary School, P.O. Chandanpur, District-Purba Medinipur who died in harness on 28th January 1972. The petitioner duly filled up the pension booklet and submitted the same before the appropriate authority. The Pension Payment Order was issued on 2nd January, 2012. The pensionary benefits including the arrear family pension has been received by the petitioner on 30th April, 2012. The petitioner seeks for

interest on delayed payment of arrear family pension. Hence, this writ petition.

3.

Mr. Sourav Mitra, learned Advocate for the petitioner submits that there is delay in making payment of the arrear family pension and as such the petitioner being the widow of the deceased employee is entitled to receive interest on the pensionary benefits and arrears in terms of the Government Notification being No.163EDN(B)/IM-54/88 dated 15th June, 1990. 4.

Mr. Krishna Pada Santra, learned Advocate for the State leaves the matter to the discretion of this Court. 5.

It is not in dispute that the pensionary benefits have been disbursed in favour of the petitioner being the widow of the deceased employee on 30th April, 2012. Hence there is a delay in disbursement of the arrear family pension. It is the bounden duty of the State to release pensionary benefits on the due date. If it has failed to do so, it is obliged to pay interest on such amount.

6.

In view of the aforesaid, the respondent No.2, Director of Pension, Provident Fund and Group Insurance and respondent No.4, Treasury Officer, Egra are directed to pay the interest @ 8% per annum on the amount of pensionary benefits and arrear pension in favour of the petitioner on and from 15th June, 1990 till the date of actual payment, as expeditiously as possible. 7.

Petitioner is directed to communicate this order to the respondent No.2, Director of Pension, Provident Fund

and Group Insurance and respondent No.4, Treasury Officer, Egra for necessary action.

8.

With the above direction, the writ petition being WPA 18491 of 2025 stands disposed of.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 10.

Interim order, if any, stands vacated.

11.

All connected applications, if any, stand disposed of. 12.

There shall be no order as to costs.

13.

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

14.

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.)