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Calcutta High CourtWPA/29031/2025disposed

Kamalini Jana v. State Of West Bengal And ORS.

2026-01-06Hon'Ble Justice Bivas Pattanayak3 pages

06.01.2026 Sl. No.19 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29031 of 2025 Kamalini Jana

Versus

The State of West Bengal & Ors.

Mr. Sourav Mitra Mr. Banshi Badan Maity Mr. Goutam Malik ...for the Petitioner.

Mrs. Lipika Chatterjee ...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 respondent authorities to disburse the interest on delayed payment of arrear pension from the date of entitlement till the date of actual payment along with interest @ 18% per annum.

3. The petitioner contends that her father namely Jiban Krishna Guchhait was an Assistant Teacher at Jhinukkhali Primary School, P.O. Jhinukkhali, District Purba Medinipur. The father of the petitioner died inharness on 15th February, 1965. The mother of the petitioner expired on 9th February, 2015. The husband of the petitioner expired on 19th March, 1994. The petitioner being the widowed daughter of the deceased teacher was granted family pension, The arrear of

family pension was disbursed on 12th September, 2025. However, no interest was paid on the delayed payment. Hence, this writ petition.

4. Mr. Sourav Mitra, learned Advocate appearing for the petitioner submits that the petitioner is entitled to interest on delayed payment of arrear pension.

5. Despite service none appears on behalf of the State respondents.

6. Mrs. Lipika Chatterjee, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of Mrs. Chatterjee be regularised by the concerned authority.

7. Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexure upon Mrs. Chatterjee, learned Advocate for the Staterespondents.

8. Mrs. Chatterjee, learned Advocate for the State leaves the matter to the discretion of this Court.

9.

Ms. Chatterjee, learned advocate for the State leaves the matter to the discretion of the Court.

10. In view of the contentions raised in the writ petition, respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3-Treasury Officer, Contai is directed to pay the interest @ 8% per annum on arrear pension in favour of the petitioner by way of the pensionary

benefits on and from 10th February, 2015 till the date of actual payment.

11. Such payment shall be made within a period of eight weeks from date of communication of the order.

12. Learned advocate for the petitioner is directed to communicate this order to respondent no.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.3Treasury Officer, Contai, for necessary compliance.

13. With the aforesaid directions, the writ petition being WPA 29031 of 2025 is disposed of.

14. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

15. There shall be no order as to costs.

16. 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.)