Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

Jalpaiguri Circuit Bench

Present: The Hon’ble Justice Aniruddha Roy

WPA 1419 OF 2025

Sami Chowdhury (Saha)

Vs.

The State of West Bengal & Ors.

For the Petitioner : Ms. Amrita Maji, Adv.

For the State : Mr. Subir Kumar Saha, Ld. AGP

Mr. Kumar Santanu, Adv.

Heard on : 02.09.2025 Judgment on : 02.09.2025

Aniruddha Roy, J.

Affidavit of service filed in Court today, is taken on record.

The husband of the petitioner was an approved Assistant Teacher at

Secondary School. The husband of the petitioner died-in-harness on

18.01.2022

The Pension Payment Order was issued by the concerned respondent

on 07.11.2022. The petitioner had received pension and gratuity under the Pension Payment Order on 07.11.2022. The petitioner was entitled to

pensionary benefit from the date of retirement, the same was not paid.

The petitioner now claims interest for the delayed payment of the said revised gratuity and arrear pension on and from January 19, 2022.

Mr. Subir Kumar Saha, learned AGP and Mr. Kumar Santanu, learned Advocates appear for the State.

It is trite that, the pension, which is lawfully payable to an employee is its property and if there is a