Utpal Sen v. State Of West Bengal And ORS.

08.12.2025 Sl. No.6 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/21781/2025 UTPAL SEN VS STATE OF WEST BENGAL AND ORS.

Mr. Sourav Kumar Mitra, Ms. Pritikana Gantait ...for the Petitioner.

Mr. Syed Nazmul Hossain ...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 of family pension.

3.

The petitioner contends that his father, late Tulsi Charan Sen was an Assistant Teacher of Basudevpur Primary School, Basudevpur, District-Paschim Medinipur who died-in-harness on 24th February, 1963. The petitioner's mother died on 12th April, 2013. The arrear of family pension was made payable to the petitioner without there being payment of any interest on such arrear of pension.

4.

Mr. Sourav Kumar Mitra, learned Advocate for the petitioner submits that petitioner being the son of the deceased employee is entitled to receive interest on the

arrear of pension in terms of the Government Notification dated 15th June, 1990.

5.

Mr. Syed Nazmul Hossain, 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 25th January, 2018 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, Ghatal 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, Ghatal for necessary action. 9.

With the above direction, the writ petition being WPA 21781 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.)