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2026 DAILYLAW 28062 (CAL)

JAHARLAL MUKHERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/19820/2025 · 2026-07-13

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

117 13.07.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19820 of 2025 Jaharlal Mukherjee -versus The State of West Bengal & Ors. Ms. Sudipa Banerjee … For the Petitioner Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay Mr. Monajit Chakraborti … For the State 1. Affidavit-of-service filed in Court today is taken on record. 2. The petitioner was an Assistant Teacher of a High School. He retired from service on 31.01.2013. The Pension Payment Order was issued in favour of the petitioner on 20.08.2013. 3. The petitioner prays for interest on account of the delayed payment of the terminal benefits. 4. In the present case it is noticed that the petitioner has approached this Court long after the Pension Payment Order was issued and payment made in accordance with the same. 5. The Hon’ble Supreme Court in Union of India –vs- Tarsem Singh reported in (2008) 8 SCC 648 clearly laid down that insofar as consequential relief of recovery of arrear for the past period is concerned, relief shall be restricted only to a period of three years prior to the filing of the writ petition or from the date of demand made by the petitioner. 6. In the instant case the petitioner did not raise any demand before the respondents praying for release of interest on account of delay in making payment. The petitioner directly approached this Court 2 praying for interest, that too, long after the PPO was issued. 7. In view of the above, the Court is not inclined to exercise jurisdiction in the matter and grant any relief in favour of the petitioner. 8. The writ petition is dismissed. 9. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 10. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Amrita Sinha, J.)