29.09.2026 Sl. No.37 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26293 of 2026 Usha Rani Giri Versus The State of West Bengal & Ors. Mr. Sourav Mitra Ms. Sreyasree Choudhury Ms. Jonaki Saha …for the Petitioner. Mr. Snehansu Majumder …for the State. 1. Affidavit of service filed by 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 family pension amount from the date of entitlement i.e. 15th June, 1990 till the date of actual payment @ 18% per annum in favour of the petitioner. 3. The petitioner contends that her husband, late Santosh Kumar Giri was an approved Assistant Teacher of Narkuli Board Primary School, P.O. Narkuli, District Purba Medinipur, who died in- harness on 4th May, 1973. The pension payment order was issued on 30th April, 2012. The arrear family pension amount was disbursed to the petitioner on 30th June, 2012. However, no interest on delayed payment of arrear pension amount has been paid. Hence, this writ petition. 2 4. Mr. Sourav Mitra, learned advocate appearing for the petitioner submits that there is considerable delay in disbursement of the arrear family pension. The petitioner being the widow of the deceased employee, who expired prior to 1981, is entitled to interest on and from 15th June, 1990 till the date of actual payment. 5. Learned advocate representing the State leaves the matter to the discretion of this Court. 6. At the outset, it is found that 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 family 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.4, Treasury Officer, Contai is directed to disburse interest @ 8% per annum on the arrear family pension amount in favour of the petitioner on and from 15th June, 1990 till the date of actual payment, within a 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 3 Director of Pension, Provident Fund and Group Insurance and the respondent no.4, Treasury Officer, Contai, for necessary compliance. 10. With the aforesaid direction, the writ petition being WPA 26293 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.)