05.01.2026

ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A. No. 13981 of 2025

Alma Khatun

Versus

The State of West Bengal & Ors.

Ms. Priyanka Chandra

…for the Petitioner.

Mr. Md. Masood

…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 for

disbursement of interest on arrear pension from 13^th

April, 2010 to 28^th April, 2025.

3. The petitioner contends that her father was an approved

Assistant Teacher of Bhabanipur Mgd. Primary School, P.O. Bhada, District Malda. The father of the petitioner retired from service on superannuation on 28^th February, 1999 and expired on 19^th March, 2002 leaving behind the present petitioner as his nominee for family pension. The petitioner is the unmarried daughter of the deceased employee. The petitioner recieved family pension till 13^th February, 2004, however, that was stopped thereafter. On the basis of Government Order dated 13^th April, 2010, the Pension Payment Order was issued on 28^th April, 2025 in favour of the petitioner and

family pension was restarted. The arrear of pension has been disbursed in favour of the petitioner for the period of 13^th April, 2010 till 28^th April, 2025. However, no interest on the delayed payment has been granted.

Hence, this writ petition.

4. Ms. Priyanka Chandra, learned Advocate for the petitioner submits that the petitioner is entitled to interest on the arrear amount since there is delay in disbursement of the same.

5. Md. Masood, learned advocate for the State leaves the matter to the discretion of the Court.

6. The contention in writ petition shows that family pension was granted to the petitioner till 13^th February, 2004. However, the same was stopped. The family pension was granted in favour of the petitioner on 28th April, 2025 in terms of Government Order dated 13^th April, 2010 and arrear of pension has been disbursed from 13^th April, 2010 till 28^th April, 2025. As such, there is delay in disbursement of the same. Hence, the petitioner is entitled to interest on delayed payment of arrears.

7. In view of the above, since there is delay in disbursement of the amount, the respondent no.2, Director of Pension, Provident Fund and Group Insurance as well as respondent no.4, the Treasury Officer, Malda-I is directed to disburse interest on arrear pension in favour of the petitioner @ 8% per annum from 13^th April, 2010 till 28^th April, 2025, within a period of eight weeks from the date of communication of this order.

8. Learned advocate for the petitioner is directed to communicate this order to the respondent no.2, the Director of Pension, Provident Fund and Group Insurance and respondent no.4, the Treasury Officer, Malda-I, for necessary compliance.

9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10. With the above direction, the writ petition being WPA

13981 of 2025 stands disposed of.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

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.)