Extracted from the PDF above. The PDF is authoritative.
22.09.2026 Item No.30 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA srm CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 17205 of 2026 Indrani Maity versus State of West Bengal & ors. Mr. Sourav Mitra, Ms. Sreeyasree Chowdhury … for the petitioner
Mr. Anujit Mookherji … 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 direction upon the respondent authorities for interest on arrear family pension amount from the date of entitlement till the date of actual payment @ 18% per annum. 3. The petitioner contends that her father, late Jatindranath Maity was an approved Assistant Teacher of Purunia Primary School, P.O. Paparara, District- Paschim Medinipur. The father of the petitioner retired from service on superannuation on 31st December, 1993 and expired on 31st January, 2008. The petitioner’s mother expired on 25th November, 2015. The petitioner’s husband expired on 7th May, 2010. The petitioner being the widowed daughter of the deceased employee granted family pension in terms of the Government Circular dated 10th January,
2008. Pension Payment Order was issued in favour of the petitioner on 5th March, 2026. The arrear of family
2 pension was received by the petitioner on 8th April,
2026. However, no interest on such delayed payment has been granted to the petitioner. Hence, this writ petition. 4. Mr. Sourav Mitra, learned advocate for the petitioner submits that by dint of a Circular dated 10th January, 2008 the petitioner being the widowed daughter is entitled to receive interest on delayed payment from the date of entitlement till the date of actual payment. 5. Mr. Anujit Mookherji, learned advocate representing the State leaves the matter to the discretion of the Court. 6. As per pension payment order the petitioner has been entitled to normal family pension with effect from 26th November, 2015, i.e. the date following date of the death of the mother. The husband of the petitioner predeceased the mother of the petitioner and expired on 7th May, 2010. Though the petitioner has stated that she claimed family pension in terms of circular dated 10th January, 2008, however, the date of application seeking grant of family pension has not been sated. In view of the above, the interest will be payable from the date of application seeking grant of family pension. 7.
Accordingly, respondent No.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent No.3, Treasury Officer, Jhargram is directed to pay the interest @ 8% per annum in favour of the petitioner by way of the pensionary benefits on and from the date of application seeking grant of family pension till the date of actual
3 payment. Such payment shall be made within a period of eight weeks from date of communication of this order. 8. With the above directions, the writ petition being WPA 17205 of 2026 stands disposed of. 9. Learned advocate for the petitioner is directed to communicate this order to respondent No.2, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent No.3, Treasury Officer, Jhargram, for necessary compliance. 10. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 11. Consequently, connected applications, if any, also stand disposed of. 12. Interim orders, if any, stand vacated. 13. There will be no order as to costs. 14. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.)