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Calcutta High Court · body

2026 DAILYLAW 38299 (CAL)

MADAN MOHAN BARIK AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/4252/2026 · 2026-09-01

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.09.2026 Sl. No.12 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/4252/2026 Madan Mohan Barik & Ors. VS The State of West Bengal and Ors. Mr. Sourav Mitra Ms. Sreyasree Choudhury Ms. Jonaki Saha …for the Petitioners. Ms. Mary Datta Ms. Sneha Chatterjee …for the State. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. By the present writ petition the petitioners seek direction upon the respondent authorities to disburse the interest amount towards the arrear family pension till the date of actual disbursement of amount together with interest at the rate of 18% per annum. 3. The petitioners contend that their father, late Amulya Kumar Barik was an Assistant Teacher of Gopichak Primary School, P.O.-Gopichak, District-Purba Medinipur who died-in-harness on 31st May, 1980. The petitioners’ mother died on 21st March, 2003. The petitioners are the son and daughters of the deceased teacher. The petitioners have been disbursed the arrear family pension on 30th April, 2017. However, no interest has been paid. Hence this writ petition. 4. Mr. Sourav Mitra, learned advocate for the petitioner submits that they are entitled to receive interest on delayed payment of arrear family pension from the date of their entitlement i.e. from 15th June, 1990. 5. Ms. Mary Datta, learned advocate for the State leaves the matter to the discretion of the court. 6. In view of the above, respondent no. 2, the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal and respondent no.3, Treasury Officer, Contai are directed to disburse the interest @ 8% per annum to the petitioners on the amount released in favour of the petitioners by way of arrear family pension on and from 15th June, 1990 till the date of actual payment, to the extent of their shares. Such payment is to be made within a period of eight weeks from the date of communication of this order. 7. Learned advocate for the petitioners is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund & Group Insurance, Government of West Bengal and also the respondent no.3, Treasury Officer, Contai for necessary compliance. 8. With the aforesaid directions, the writ petition being WPA 4252 of 2026 is disposed of. 2 9. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 10. There shall be no order as to costs. 11. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.) 3