Extracted from the PDF above. The PDF is authoritative.
13th JULY, 2026
Item no.M/L 130 Court No. 24
Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
Case No.
WPA 19943 of 2025
In the matter of: Arati Jana …. Petitioner VS. The State of West Bengal & Ors. ….Respondents
For the Petitioner: Mr. Sreyasree Choudhury ….Advocates For the State: Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay Mr. Monojit Chkaraborty ….Advocates
1. Affidavit of service filed in Court today is taken on record. 2. The husband of the petitioner retired from service 31st March, 2008 and expired on 12th November, 2024. Pension Payment Order was issued in his favour on 7th May, 2018 and he received his gratuity and arrear pension amount on 12th June, 2018. 3. The employee remained alive for more than six years after receiving his terminal dues but he never raised any issue as regards delayed disbursal of his dues. He never approached before any forum claiming interest on account of delayed payment of his dues. 4. The instant writ petition has been filed in August, 2025 by the widow claiming interest on account of delayed payment of the terminal dues of her deceased husband. Page 2
5. The petitioner has nowhere mentioned in the entire writ petition as to why her husband did not approach the Court for either releasing his terminal dues or seeking interest on account of his delayed payment for his terminal dues. 6. It is after nearly one year of the death of the husband, the widow has come forward seeking interest on account of delayed payment. 7. As it appears that the employee himself did not raise any claim for grant of any interest on account of delay in receiving his terminal dues, accordingly, it can be safely presumed that the employee waived his right to claim interest on account of delay in releasing his terminal dues. 8. After the death of the employee, the prayer of the widow for grant of interest on account of delay in releasing the terminal dues of the employee cannot be entertained. More so, because there is no explanation whatsoever with regard to the delay in approaching the Court. 9. In view of the above, no relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed. 10.
Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities. (Amrita Sinha, J.)