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27-07-2026 Item No.818 ML Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.2930 of 2025 Kanak Lata Maity -vs- The State of West Bengal & Ors. Mr. Jonaki Saha …for the petitioner
1. The husband of the petitioner was an approved assistant teacher of a high school. He died-in-harness on January 12, 2002. The Pension Payment Order was issued in favour of the petitioner on December 28,
2004. She received gratuity and arrear pension only on May 8, 2005 belatedly.
2. The petitioner prays for interest on account of the delayed payment of the terminal benefits.
3. 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.
4. 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.
5. 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 praying for
interest, that too, long after the PPO was issued.
6. 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.
7. The writ petition is dismissed.
8. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.
9. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J]
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