Suchitra Shasmal v. State Of West Bengal And ORS.

ss 31.07.2025 WPA 21260 of 2024 Suchitra Shasmal Vs.

The State of West Bengal & Ors.

Ms. Sreyasree Choudhury ... ... for the petitioner Mr. Biswajit Dutta ... ... for the State Affidavit of service filed in Court today is kept with the record.

The father of the petitioner was an Assistant Teacher of a Primary School, who retired from service on 30.04.1995 and died on 23.12.2019 and also mother of the petitioner died on 25.06.2001. The father of the petitioner had completed all pension related formalities and pension payment order was issued, and after the death of the mother of the petitioner the Pension Payment Order was issued on 15.12.2023 as widow daughter family pension.

However, the concerned authorities delayed and released the arrear pension amount on 19.01.2024. The petitioner herein seeks interest to be paid on the arrear pension amount for the interim period of delay in receipt of the arrear pension amount.

There is a considerable delay in filing of the writ petition, which the petitioner seeks to justify by stating that there is no statutory period of limitation and neither parties have suffered due to this delay. It is the

submission of the petitioner that accordingly the petition should be allowed. The petitioner relies upon an order in W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate Bench had relied upon the Supreme Court judgment in the case of Union of India Vs. Tarsem Singh, reported in (2008) 8 SCC 648 on the issue of limitation relating to payment or re-fixation of pay or pension wherein the Apex Court had held that relief may be granted in spite of delay as it does not affect the rights of the third party. In view of the above, and after hearing the learned counsel for the petitioner, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the petitioner @ 8% per annum on the arrear pension amount calculated from 23.12.2019 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. The writ petition is disposed of, however, no order as to costs.

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

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.

(Rajarshi Bharadwaj, J.)