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2026 DAILYLAW 43362 (CAL)

SHASWATI GANTAIT MAITY v. STATE OF WEST BENGAL AND ORS.

WPA/27803/2025 · 2026-09-23

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S/L 36 23.09.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 27803 of 2025 Shaswati Gantait Maity Vs. The State of West Bengal & Ors. Mr. Sabyasachi Mondal Ms. Payel Khanra … for the Petitioner. Mr. Pijush Biswas Mr. Abhishek Chakraborty … for the State. 1. Affidavit of service filed in the Court today be kept with the records. 2. The petitioner is a widow daughter of a deceased school teacher. She is aggrieved as family pension has been disbursed in her favour on and from the date of making her application and not on and from the next date of death of the teacher. 3. The father of the petitioner died on January 25, 2023. The PPO has been issued in favour of the petitioner for grant of family pension on July 24, 2025. 4. Prayer has been made to direct the authority to pay the arrear family pension on and from the next date of death of her father till the date of actual payment along with interest on account of delayed payment of the same. 5. Rule 27 of the Memorandum No.136-Edn.(B) dated May 15, 1985 mentions that the date of effect of family pension is the date following the death of an employee. 6. The petitioner has been issued the family pension order but from a later date. The date ought to 2 have been from the next date of the death of the employee. 7. In view of the above, the instant writ petition stands disposed of by directing the District Inspector of Schools (SE), Purba Medinipur to take steps to ensure that the arrear family pension of the petitioner is disbursed without any delay but positively by December 31, 2026. 8. As the petitioner would be receiving the arrears at a delayed point of time, she would be entitled to receive the family pension amount with interest calculated at the rate of 6% per annum payable on the due amount calculated on and from the due date till the date of actual payment. 9. The writ petition stands disposed of. 10. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 11. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)