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2026 DAILYLAW 45443 (CAL)

GOURI BHOWMIK v. STATE OF WEST BENGAL AND ORS.

WPA/27917/2025 · 2026-09-22

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.09.2026 Sl. No.7 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27917 of 2025 GOURI BHOWMIK VS THE STATE OF WEST BENGAL AND ORS. Mr. Sourav Mitra Mr. Goutam Kumar Maity Ms. Sreyasree Choudhury …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Sourav Sengupta …for the State. 1. Report filed by the State furnished by the District Inspector of Schools (PE), South 24-Parganas dated 21st September, 2026 is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities for disbursement of interest on delayed payment of arrear family pension in favour of the petitioner from the next date of death of the mother of the petitioner till the date of actual payment at the rate of 18% per annum. 3. The petitioner contends that her father late Hemanta Kumar Das was an Assistant Teacher of Patibunia F.P. School under Namkhana Circle, District South 24- Parganas who retired from service on superannuation on 2nd April, 1979 and expired on 29th January, 2003. The mother of the petitioner namely, Rajabala Das died on 14th November, 2011 without getting her family pension. The husband of the petitioner expired on 20th February, 1994. The petitioner being the widowed 2 daughter of the deceased employee submitted application on 23rd April, 2014 and Pension Payment Order has been issued in favour of the petitioner on 3rd March, 2025. The arrear family pension was disbursed in favour of the petitioner on 24th March, 2025. However, no interest on such arrear family pension was disbursed to the petitioner. Hence, this writ petition. 4. Mr. Sourav Mitra, learned Advocate appearing on behalf of the petitioner submits that by dint of circular dated 10th January, 2008 the petitioner being the widowed daughter of the deceased employee is entitled to receive pension benefit. Since the arrear of family pension has been disbursed to the petitioner belatedly, the petitioner is entitled to interest of such amount. Reliance is placed on the decision of the Coordinate Bench of this Hon’ble Court passed in Suchitra Shasmal -versus- State of West Bengal & ors. (in re: WPA 21260 of 2024). He informs this Court that the application seeking family pension has been submitted by the petitioner on 23rd April, 2014. He files copy of such application, which is taken on record. 5. On the contrary, Mr. Sourav Sengupta, learned Advocate representing the State submits that the family pension as well as the arrears have already been disbursed to the petitioner pursuant to order passed by this Hon’ble Court and as such, the petitioner is not entitled to interest on such amount. 3 6. Undeniably, the petitioner has been granted family pension on 3rd March, 2025 and arrears have been disbursed in favour of the petitioner on 24th March, 2025. Whereas the application of the petitioner was submitted on 23rd April, 2014. Thus it is found that the arrear family pension has been disbursed to petitioner belatedly. As such, the petitioner is entitled to interest on such amount. 7. In view of the above, respondent no.2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.4, the Treasury Officer, Kakdwip are directed to pay the interest at the rate of 8% per annum in favour of the petitioner by way of pensionary benefits on and from the date of application, i.e. 23rd April, 2014 till the date of actual payment, within a period of eight weeks from date of communication of this order. 8. With the above direction, the writ petition being WPA 27917 of 2025 stands disposed of. 9. Learned advocate for the petitioner is directed to communicate this order to respondent no.2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.4, the Treasury Officer, Kakdwip, for necessary compliance. 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. 4 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.)