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Calcutta High CourtWPA/814/2025disposed

Aruna Prabha Kujur v. The State Of West Bengal And ORS

2025-05-19Hon'Ble Justice Biswajit Basu2 pages

S/L 46 19.5.2025 Court No.2 SD CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION WPA 814 of 2025 Aruna Prabha Kujur Vs.

The State of West Bengal & Ors.

Mr. Anirban Chakraborty ... for the Petitioner.

Ms. Bedashruti Bose Mr. Pradip Sarkar ... for the State.

Affidavit of service filed by the learned advocate for the petitioner be kept with the record.

The father of the petitioner was an approved Assistant Teacher of a High School, who died-in-harness on February 5, 2008. The mother of the petitioner did not receive family pension during her lifetime and had also died on May 23, 2021. The Pension Payment Order of the employee concerned was issued on December 20, 2024 in pursuance whereof the petitioner had received the arrear family pension on December 30, 2024.

The petitioner, being the unmarried daughter of the employee concerned is praying that a writ of mandamus be issued commanding the respondents to pay interest on the said amount of arrear family pension for the delayed payment of it. Learned advocate for the State-respondent does not oppose the prayer of the petitioner.

It is now well settled that the petitioner is entitled to the interest, as prayed for.

The respondents, the concerned Treasury Officer in particular are, therefore, directed to pay interest @ 8% per annum on the arrear family pension from the date following the

date of death of the mother of the petitioner till the date of such payment.

The payment as aforesaid shall be made within the period of eight weeks from the date of communication of this order, in default the said arrear amount shall fetch an additional interest of 2% per annum.

WPA 814 of 2025 stands disposed of with the above directions without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)