Himani Maity v. State Of West Bengal And ORS.
05.05.2026 Sl. No.111 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 28557 of 2025 Himani Maity Vs.
State of West Bengal & ors.
Mr. Goutam Kumar Maity ...for the Petitioner.
Mr. Joydip Basu ...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 direction upon the respondent authorities for disbursement of interest on arrear pension amount from the date following the date of death of the husband of the petitioner till the date of actual payment.
3.
The petitioner contends that her father Late Jiban Krishna Manna was a Primary Teacher of Rajnagar Biswambhar F.P. School under Namkhana Circle, District South 24-Parganas. The petitioner's father retired from service on superannuation on 28th October, 1979 and died on 21st September, 1993. The mother of the petitioner, Rajabala Das died on 10th July, 2011 while receiving her family pension. The husband of the petitioner died on 19th June, 2018. The petitioner being the widowed daughter of the deceased employee prayed for grant of family pension. Upon verification, pension payment order was issued in favour of the petitioner on
14th October, 2025. The arrear pension was disbursed to the petitioner on 10th November, 2025. However, no interest was paid. Hence, this writ petition.
4. Mr. Goutam Kumar Maity, learned Advocate for the petitioner submits that the petitioner is entitled to interest following the date of death of her husband till the date of actual payment.
5. Mr. Joydip Basu, learned Advocate for the State concedes to such submission.
6. In view of the above, the respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Kakdwip are directed to disburse the interest at the rate of @ 8% per annum on the arrear pension amount in favour of the petitioner by way of pensionary benefits from the date following the date of death of the petitioner's husband 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, in accordance with law.
7. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 4, the Treasury Officer, Kakdwip, for necessary compliance.
8. With the aforesaid directions, the writ petition being WPA 28557 of 2025 is disposed of.
9. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.
10. Consequently, connected applications, if any, stand disposed of.
11. Interim orders, if any, stand vacated.
12. There shall be no order as to costs.
13. 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.)