Nanibala Bhuniya v. The State Of West Bengal And ORS.

13.11.2025 Sl. No.1(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18561 of 2025 Nanibala Bhuniya

Versus

The State of West Bengal & Ors.

Mr. Sourav Mitra, Ms. Sreyasree Choudhury ...for the Petitioner.

Mr. Susmita Chatterjee ...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 direction upon respondent authorities for disbursement of interest amount on pensionary benefits including arrear pension.

3.

The petitioner contends that her husband was an Assistant Teacher at Salma Primary School, P.O. Kortia, District-Jhargram who died in harness on 23rd June 1964. The Pension Payment Order was issued on 17th July, 2014. The pensionary benefits including the gratuity and arrear pension have been granted to the petitioner upon sanction of Pension Payment Order without there being payment of any interest on such pensionary benefits. Hence, this writ petition.

4.

Mr. Sourav Mitra, learned Advocate for the petitioner submits that 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 dated 15th June, 1990. 5.

Ms. Susmita Chatterjee, learned Advocate for the State leaves the matter to the discretion of this Court. 6.

It is not in dispute that the pensionary benefits have been disbursed in favour of the petitioner after 17th July, 2014 i.e. the date of sanction of the Pension Payment Order. 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.

7.

In view of the aforesaid, the respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Jhargram 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.

8.

Petitioner is directed to communicate this order to the respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.3, the Treasury Officer, Jhargram for necessary action. 9.

With the above direction, the writ petition being WPA 18561 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.)