24TH JULY, 2026 Item no.M/L 770 Court No. 24 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 13952 of 2024 In the matter of: Shibani Bairagya …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Krishna Kesab Paul Ms. Sanchayita De ….Advocates 1. Affidavit-of-service filed in Court today is taken on record. 2. The petitioner seeks interest on account of delayed payment of arrear family pension. She is the widow daughter of a deceased teacher. After the death of the teacher his widow received the family pension. The widow of the employee expired on 26th July, 2018. 3. The petitioner became entitled to receive family pension, being the widow daughter of the teacher on and from 27th July, 2018. Pension Payment Order was issued on 17th January, 2024. She claims interest on delayed payment of the family pension. 4. I have heard the learned counsel for the petitioner and considered the orders passed by this Court in similar facts. 5. It is settled law that it is the right of the eligible heir of a deceased employee to get his/her family pension dues after the death of the employee. Further, terminal dues are no more considered to be a bounty to be handed out by the State at its whim. If payment of such dues is delayed, the person eligible to receive the same is surely entitled to get some interest for such delayed payment. Page 2 6. In the present case, it was the bounden duty of the State to disburse the family pension amount soon after the death of the widow. As it has failed to do so and has released such amount after unexplained delay, it is obliged to pay interest to the petitioner. This is compensatory in nature. 7. In view of the aforesaid, I direct the concerned Treasury Officer to pay interest to the writ petitioner at the rate of 5% per annum on the arrear family pension calculated on and from the due date till the date of actual payment, provided the delay caused was not attributable to the petitioner. 8. The Treasury Officer shall not be obliged to pay interest if the delay was caused on account of any lapse on the part of the petitioner. 9. Such payment is to be made within eight weeks from the date of communication of the certified copy of this order to the concerned authorities. 10. The concerned respondent authority is directed to take appropriate steps in accordance with law against the erring officer(s) for whose fault there has been delay in releasing the family pension benefit to the petitioner. 11. Since no affidavit has been invited, the allegations contained in the writ petition are deemed not have been admitted. 12. The writ petition stands disposed of. 13. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 14. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)