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2025 DAILYLAW 39016 (CAL)

BANU BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/21259/2024 · 2025-08-07

Rajarshi Bharadwaj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

130 ss 07.08.2025 WPA 21259 of 2024 Banu Bibi Vs. The State of West Bengal & Ors. Ms. Sreyasree Choudhury … … for the petitioner Affidavit of service filed in Court today is kept with the record. The father of the petitioner was appointed as an assistant teacher of a primary School, who retired from service on 30.06.1993 and died on 09.12.2005 and also mother of the petitioner had completed all pension- related formalities and the pension payment order was issued, and after death of the mother of the petitioner the PPO was issued on 25.04.2024 as widow daughter family pension. However, the concerned authorities delayed and released the family pension amount on 13.06.2024. The petitioner herein seeks interest to be paid on the arrear family pension amount for the interim period of delay in receipt of the arrear family pension amount. There is a considerable delay in filing of the writ petition, which the petitioner seeks to justify by stating that there is no statutory period of limitation and neither of the parties has suffered due to this delay. It is the submission of the petitioner that accordingly the petition should be allowed. The petitioner relies upon an order in W.P. No. 17557 (W) of 2017 (Narayan Chandra Saha Vs. State of West Bengal & Ors.) wherein a co-ordinate Bench had relied upon the Supreme Court judgment in the case of Union of India Vs. Tarsem Singh, reported in (2008) 8 S.C.C. 648 on the issue of limitation relating to payment or re-fixation of pay or pension wherein the Apex Court had held that relief may be granted in spite of delay as it does not affect the rights of the third party. In view of the aforesaid, I direct the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as also the concerned Treasury Officer to pay interest to the writ petitioner @8% per annum on the revised gratuity and revised arrear pension amount calculated from 20.12.2010 till actual date of payment. Such payment is to be made within a period of eight weeks from the date of communication of this order. The writ petition is disposed of, however, no order as to costs. Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Rajarshi Bharadwaj, J.) 2