Extracted from the PDF above. The PDF is authoritative.
22.09.2026 Sl. No.33 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23413 of 2026 Pranati Pramanik Versus The State of West Bengal & Ors. Ms. Jonaki Saha …for the Petitioner. Mr. Tarun Kumar Jana …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 disbursement of interest on delayed payment of arrear pension amount from the date following the date of death of her husband till the date of actual payment @ 18% per annum in her favour. 3. The petitioner contends that her husband, late Ardhendu Kumar Pramanik was an Assistant Teacher of Thakurchak Primary School, P.O.-Thakurchak, District-Purba Medinipur who died in-harness on 19th September, 1993. The pension payment order was issued on 6th January, 2015. The arrear pension amount was disbursed to the petitioner on 30th April,
2015. However, no interest on delayed payment of
arrear pension amount has been paid. Hence, this writ petition. 4. Ms. Jonaki Saha, learned advocate appearing for the petitioner submits that since there was delay in disbursement of the arrear pension amount, the petitioner is entitled to interest from the date following the date of death of her husband till the date of actual payment. 5. Mr. Tarun Kumar Jana, learned advocate for the State leaves the matter to the discretion of the Court. 6. Though there is delay in making such claim, however, 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). 7. It is found from the contention in the writ petition that there is delay in disbursement of the arrear pension amount. Hence, the petitioner is entitled to interest on the aforesaid amount. 8.
Accordingly, the respondent No.2, Director of Pension, Provident Fund and Group Insurance as well as respondent no.3, Treasury Officer, Contai is directed to disburse interest @ 8% per annum on the arrear pension amount in favour of the petitioner from the date following the date of death of the husband of the petitioner till the date of actual payment, within a 2
period of eight weeks from the date of communication of this order. 9. Learned advocate for the petitioner is directed to communicate this order to the respondent No.2 Director of Pension, Provident Fund and Group Insurance and the respondent no.3, Treasury Officer, Contai, for necessary compliance. 10. With the aforesaid direction, the writ petition being WPA 23413 of 2026 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. (Bivas Pattanayak, J.) 3