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Calcutta High CourtWPA/27088/2025disposed

Ketaki Mahapatra v. State Of West Bengal And ORS.

2025-12-16Hon'Ble Justice Bivas Pattanayak3 pages

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 25 16.12.2025 Sc Ct. no.14 WPA 27088 OF 2025 -------------- Ketaki Mahapatra Vs.

The State of West Bengal & Ors.

Mr. Sourav Mitra Mr. Goutam Malik Ms. Sreyasree Choudhury.

.... For the Petitioner Ms. Neelam Singh .... For the Respondents State 1.

Affidavit-of-service, filed in Court today, is taken on record.

2.

By the present writ petition the petitioner seeks direction upon the respondent authorities for disbursement of interest on arrear family pension amount from the date of entitlement till the date of actual payment together with interest.

3.

The petitioner contends that her mother was an approved Assistant Teacher of Uttargarhbari Atayak Primary School, Purba Medinipur and retired from service on superannuation on 30th November, 2006. The petitioner's mother expired on 3rd September, 2017. The father of the petitioner expired on 6th September, 2021. The petitioner is an unmarried daughter of the deceased teacher and as per the Government Circular dated 13th

April, 2010 she was granted family pension. The arrear of pension has also been received by the petitioner on 16th June, 2025. However, no interest has been paid on such delayed payment of arrear family pension, hence this writ petition.

4.

Mr. Sourav Mitra, learned Advocate for the petitioner submits that the petitioner being an unmarried daughter is entitled to receive the interest on arrear family pension amount from the date following the date of death of the father of the petitioner. 5.

Despite service, none appears on behalf of the State.

6.

Ms. Neelam Singh, learned Advocate who usually appears for the State is requested to appear in the matter. Let appointment of Ms. Neelam Singh, learned Advocate be regularized by the concerned authority. 7.

Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexures upon Ms. Neelam Singh, learned Advocate for the State. 8.

Learned Advocate for the State leaves the matter to the discretion of the Court.

9.

From the contention in the writ petition, it appears that there is delay in disbursement of the arrear family pension. It is the bounden duty of the State to disburse the pension and retiral benefits of the employee forthwith failing which, the employee is entitled to interest on the delayed payment of the same.

10. In view of the contention raised before this Court the respondent no.2, Director of Pension Provident Fund and Group Insurance and respondent no.3, Treasury Officer, Egra, Purba Medinipur are directed to disburse interest on the arrear family pension @8% per annum in favour of the petitioner from the date following the date of death of her father i.e. 7th September, 2021 till the actual payment of the arrear amount.

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

12. With the above direction, the writ petition, WPA 27088 of 2025 stands disposed of.

13. There will be no order as to costs.

14. Since no affidavit has been called for, the allegations made in this writ petition are deemed to be not admitted.

15. The parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Bivas Pattanayak, J.)