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2026 DAILYLAW 29676 (CAL)

SUMITA MAHATO AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/9675/2024 · 2026-07-21

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M/L 764 21.07.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 9675 of 2024 Sumita Mahato & Anr. Vs. The State of West Bengal & Ors. Ms. Sudipa Biswas … for the Petitioners. Mr. Lokenath Chatterjee Ms. Sneha Chatterjee … for the State. 1. Affidavit of service filed in Court today be kept with the records. 2. The husband of the petitioner no.1 was an approved Assistant Teacher of a high school. He died- in-harness on 30.04.2018. The Pension Payment Order was issued in favour of the petitioner on 27.11.2018. 3. The petitioners pray for interest on account of the delayed payment of the terminal benefits of the deceased employee. 4. In the present case, it is noticed that the petitioners have 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 in so far 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. 2 6. In the instant case, the petitioners did not raise any demand before the respondents praying for release of interest on account of delay in making payment. The petitioners directly approached this Court 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 petitioners. 8. The writ petition is dismissed. 9. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Amrita Sinha, J.)