Extracted from the PDF above. The PDF is authoritative.
04/08 2026
AD/39/18 266312 NANDY
(DO)
In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
WPA/4731/2026
RINA CHAKI VS THE UNION OF INDIA & ORS.
Mr. Debasis Kar, Advocate Mr. Arka Tila Bhadra, Advocate Ms. Paramita Mukherjee, Advocate Mr. Avijit Bose, Advocate ……for the Petitioner Mr. Soumak Bera, Advocate Ms. Banani Bhattacharya, Advocate ……for the UoI
1. The petitioner is the younger daughter of a former employee of E.S.D, Kakinara, PO – E.S.D. (M) North 24- Parganas. The said employee Jatindra nath Chaki expired on 30.12.1996. The wife of the employee has also expired sometime in August 2000.
2. By way of a writ-petition bearing no. WPA/24317/2023, the elder daughter of the deceased employee had approached this Court seeking family pension, which was disposed of directing the authorities to make payment of the family pension in favour of the younger daughter of the deceased employee, the petitioner herein.
3. The elder daughter had agreed to such payment being made to her younger sister and such order disposing of the writ-petition on 19.01.2024, was passed on consent.
4. The petitioner had thereafter filled up all forms and taken all necessary steps, on account whereof, she is being paid family pension.
5. However, the arrears of such family pension from 2016 till 2025 have not been paid to the petitioner.
6. The entitlement of the petitioner is not in question nor is her right to receive such pension, as the elder sister has already given her consent, as recorded in the order of
P a g e | 2
19.01.2024, to such family pension being paid to the petitioner. In fact, the said order also records that “It is expected that disbursement of pension including arrears, if any, shall be made within a period of two months from date”.
7. However, in spite of the said order, the authorities have not cleared the arrears.
8. In view thereof, the concerned respondent no. 4 is
directed to disburse the arrears by 31.10.2026, in favour of the petitioner, in default whereof, the authorities will be liable to pay interest at the rate of 6% per annum from 01.11.2026.
9. With the afore-stated directions, the writ-petition is
disposed of. No order as to costs.
10. Urgent Photostat Certified Copy of this order, be given to the parties, if applied for, upon compliance of necessary formalities.
(Reetobroto Kumar Mitra, J.)