Etika Samanta v. State Of West Bengal And ORS.

jks 21.08.2025 WPA 21536 of 2024 Etika Samanta Vs.

The State of West Bengal & Ors.

Mr. Sourav Mitra Ms. Sreyasree Choudhury ... ... for the petitioner Mr. Prodyot Kumar Das ... ... 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. The father of the petitioner retired from service on 31.12.1978 and died on 21.12.1984. The mother of the petitioner had completed all his pension related formalities and pension payment order was issued and after death of the mother of the petitioner the PPO issued on 21.03.2024 as widow daughter family pension. However, the concerned authorities delayed and released the family pension amount on 07.05.2024. The petitioner herein seeks interest to be paid on the family pension amount for the interim period of delay in receipt of the family 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 of the parties has 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 judgement in the case of Union of India Vs. Tarsem Singh, reported in (2008) 8 S.C.C. 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 aforesaid, 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 writ petitioner @8% per annum on the arrear family pension amount calculated from 30.11.2008 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. The parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Rajarshi Bharadwaj, J.)