Suniti Roy v. The State Of West Bengal And ORS.

01.12.2025 Sl. No.5 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 27093 of 2024 Suniti Roy

Versus

The State of West Bengal & Ors.

Mr. Subhrangsu Panda Ms. Haritri Roy Mr. Anupam Singha Mr. Ratul Ghosal ... for the petitioner Mr. Pradyot Kr. Das ...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 the authority concerned for disbursement of interest on the delayed payment in respect of arrear family pension granted in favour of the mother of the petitioner on and from 1st November, 2010 till the date of actual payment. 3.

The petitioner contends that her father namely, late Sakti Gopal Roy was an Assistant Teacher of Kajiranga Prathamik Vidyalay at Rasulpur, District Bankura and he died in harness on 5th December, 1974. Subsequent thereto, the pension payment order has been issued in favour of the mother of the petitioner on 13th February, 2012. However, no

interest on delayed payment has been granted in favour of the mother of the petitioner. The mother of the petitioner died on 14th August, 2019. Hence, this writ petition.

4.

Mr. Subhrangsu Panda, learned Advocate appearing on behalf of the petitioner submits that the petitioner is entitled to receive interest on delayed payment on and from 1st November 2010 till the actual payment in terms of Government Order No.163-Edn(B)/1M-54/88 dated 15th June, 1990 and read with Notification No.539-SE(P&B)/SL-SS61/10(Pt) dated 1st November, 2010. 5.

Mr. Pradyot Kr. Das, learned Advocate for the State leaves the matter to the discretion of this Court. 6.

In view of the aforesaid submission, respondent no.3, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.5, the Treasury Officer, Bishnupur are directed to pay interest at the rate of 8% per annum on the amount of pensionary benefits including arrear of family pension in favour of the petitioner on and from 1st November, 2010 till the date of actual payment.

7.

Learned advocate for the petitioner is directed to communicate this order to the respondent nos.3 and 5 for necessary action.

8.

With the above direction, the writ petition being WPA 27093 of 2024 stands disposed of.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14. 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.)