Rekha Ahmed v. State Of West Bengal And ORS.

07.01.2026 Sl. No.24 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20236 of 2025 Rekha Ahmed

Versus

The State of West Bengal & Ors.

Ms. Arpita Saha ...for the Petitioner.

Ms. Soma Chakraborty ...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 disbursement of interest on delayed payment of gratuity and arrear pension amount from the date following the date of death of her husband till the date of actual payment together with interest @ 18% per annum.

3.

The petitioner contends that her husband was an Assistant Teacher of J.H.R. Senior Madrasah (Fazil), Village Jalalpur, P.O. H. Salalpur, P.S. Chanchal, District Malda. The husband of the petitioner died inharness on 7th May, 2021 after rendering of service of 24 years. The Pension Payment Order was issued in favour of the petitioner on 3rd August, 2022. The gratuity amount and arrear pension was disbursed on

4th September, 2022. However, the interest on delayed payment was not made. Hence, this writ petition. 4.

Ms. Arpita Saha, learned Advocate appearing for the petitioner submits that the petitioner being the widow of the deceased teacher is entitled to interest on delayed payment of gratuity and arrear pension from the date following the date of death of the husband of the petitioner i.e. 8th May, 2021 till the actual disbursement i.e. 4th September, 2022.

5.

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

It is found that the arrear amount of family pension has been disbursed in favour of the petitioner on 4th September, 2022. The petitioner is entitled to family pension from the date following the date of death of the husband of the petitioner i.e. 8th May, 2021. As such there is delay in payment of the arrear of family pension, which entitles the petitioner to interest on such amount.

7.

Accordingly, the respondent No.2, Director of Pension, Provident Fund and Group Insurance as well as respondent no.3, Treasury Officer, Chanchal is directed to disburse interest on the arrear family pension @ 8% per annum in favour of the petitioner from the date of her entitlement i.e. 8th May, 2021 till the date of actual payment i.e. 4th September, 2022, within a period of eight weeks from the date of communication of this order.

8.

Learned Advocate for the petitioner is directed to communicate this order to the respondent no.2, Director of Pension, Provident Fund and Group Insurance and the respondent no.3, Treasury Officer, Chanchal, for necessary compliance.

9.

With the aforesaid direction, the writ petition being WPA 20236 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.

(Bivas Pattanayak, J.)