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2026 DAILYLAW 31065 (CAL)

UMAPATI PAL v. STATE OF WEST BENGAL AND ORS.

WPA/16265/2025 · 2026-07-29

Amrita Sinha

body2026

Judgment text

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29-07-2026 Item No.41 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.16265 of 2025 Umapati Pal -vs- The State of West Bengal & Ors. Ms. Sudipa Banerjee …for the petitioner 1. The petitioner was an approved head teacher of a high school who retired on November 30, 2006. The first Pension Payment Order was issued in favour of the petitioner on November 14, 2006. He received gratuity and arrear pension only on March 9, 2007. The revised Pension Payment Order was issued on November 11, 2010 and he received revised gratuity and revised pension on January 4, 2011. 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] 2