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2026 DAILYLAW 45483 (CAL)

SUNITI RANI DAS v. STATE OF WEST BENGAL AND ORS.

WPA/19041/2026 · 2026-09-22

Bivas Pattanayak

body2026

Judgment text

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22.09.2026 Item No.31 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA gd CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19041 of 2026 Suniti Rani Das versus The State of West Bengal & Ors. Mr. Sourav Mitra, Ms. Sreeyasree Chowdhury Ms. Jonaki Saha … for the petitioner Mr. Mukunda lal Sarkar … for the State 1. Report filed by the State 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 amount from the date of entitlement till the date of actual payment @ 18% per annum. 3. The petitioner contends that her father, late Ashutosh Pattanayak was an approved Primary Teacher of Khamti B.D. Primary School, P.O.-Gopinathpur, District-Purba Medinipur. The father of the petitioner retired from service on superannuation on 30th September, 1989 and expired on 17th October, 1990. The petitioner’s mother expired on 13th September, 2009. The petitioner’s husband expired on 31st December, 2008. The petitioner being the widowed daughter of the deceased teacher was granted family pension in terms of the Government Circular dated 10th January, 2008. Pension Payment Order was issued in favour of the petitioner on 21st May, 2026. The arrear of family pension was received by the petitioner on 5th June, 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. Mukunda lal Sarkar, learned advocate representing the State submits that District Inspector of Schools (P.E.), Purba Medinipur has no role to disburse arrear/interest on arrear in the instant matter. 6. It is found from the contentions in the writ petition that the father of the petitioner was granted pension and after his demise the mother was enjoying family pension. After the demise of the mother the petitioner being the widowed daughter was granted family pension on 21st May, 2026. Neither the petitioner has disclosed the date of application for grant of family pension nor the State has disclosed such fact. Such being the position, the petitioner will be entitled to interest from the date of application seeking family pension. 7. Accordingly, respondent No.2, the Director of Pension, Provident Fund and Group Insurance, West Bengal and respondent No.3, the Treasury Officer, Contai are directed to pay the interest @ 8% per annum in favour 2 of the petitioner by way of the pensionary benefits on and from the date of application seeking family pension till the date of actual payment. Such payment shall be made within a period of eight weeks from date of communication of this order. 8. Petitioner is directed to communicate this order to the respondent nos.2 and 3 for necessary compliance. 9. With the above directions, the writ petition being WPA 19041 of 2026 stands disposed of. 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.) 3