Sl. No.29 08.09.2026 Court No.14 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 15151 of 2026 Banalata Sasmal Versus The State of West Bengal & Ors. Mr. Sourav Mitra Ms. Sreyasree Choudhury Ms. Jonaki Saha … For the Petitioner Ms. Sarbani Chakraborty … For the State 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities for disbursement of interest amount on pensionary benefits including arrear family pension @ 18% per annum from the date of entitlement till the date of actual payment. 3. The petitioner contends that her husband late Sisir Kumar Sasmal, was an approved Assistant Teacher of Bhuniapada Primary School, P.O. - Deshdattabarh, District – Purba Medinipur who died-in-harness on 12th December, 1978. The Pension Payment Order was issued on 17th January, 2012. The gratuity and arrear pension amount was disbursed on 30th April, 2012. However, no interest has been paid to the petitioner. Hence, this writ petition. 4. Mr. Sourav Mitra, learned advocate for the petitioner submits that petitioner being the widow of the deceased 2 employee is entitled to receive interest on the pensionary benefits and arrears on and from 15th June, 1990, since her husband expired prior to 1981. 5. Ms. Sarbani Chakraborty, learned advocate for the State leaves the matter to the discretion of the Court. 6. It is not in dispute that the pensionary benefits have been disbursed in favour of the petitioner after a consideration period. It is the bounden duty of the State to release pensionary benefits forthwith. If it has failed to do so, it is obliged to pay interest on such amount. 7. At the outset, it is found that there is a delay in making such claim. Be that as it may, delay per se cannot defeat the valuable right of the petitioner. Relief may be granted to the writ petitioner in spite of the delay if it does not affect the right of third parties. (See: Union of India vs. Tarsem Singh reported in (2008) 3 SCC 648). 8. In view of the above, respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.4, the Treasury Officer, Contai are directed to disburse interest @ 8% per annum on the amount of pensionary benefits and arrear pension in favour of the petitioner on and from 15th June, 1990 till the date of actual payment, as expeditiously as possible.. 8. Petitioner is directed to communicate this order to respondent No.2, the Director of Pension, Provident Fund and Group Insurance and respondent No.4, the Treasury Officer, Contai, for necessary action. 9. With the above direction, the writ petition being WPA 15151 of 2026 stands disposed of. 3 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. 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.)