TAPAN KUMAR SARKAR v. STATE OF WEST BENGAL AND ORS.
WPA/20923/2025 · 2026-08-05
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34376 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34376 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05.08.2026
Item no.M/L 1131 Court No. 24
Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
Case No.
WPA 20923 of 2025
In the matter of: Tapan Kumar Saha …. Petitioner VS.
The State of West Bengal & Ors. ….Respondents For the Petitioner: Ms. Rima Halder ….Advocate For the State: Mr. Madhu Jana Ms. Puja Sarkar ….Advocates
1. The petitioner is the husband of a deceased Assistant Teacher of a school. The wife of the petitioner died on 26th May, 2016. The e- Pension Payment Order was issued on 22nd November, 2017.
2. The petitioner alleges delay in releasing the terminal dues.
3. It appears that the instant writ petition has been filed in August, 2025 long after issuance of the Pension Payment Order. No explanation has been provided explaining the delay in approaching the Court.
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
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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 stands dismissed.
8. Parties to act on the basis of 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, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)