16.02.2026 Sl. No.33 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 27612 of 2025 Shipra Senapati Versus The State of West Bengal & Ors.

Ms. Sreyasree Choudhury …for the Petitioners. Ms. Lipika Chatterjee …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 of entitlement till the date of actual payment at the rate of 18% per annum.

3. The petitioner contends that the petitioner’s father was appointed as an Assistant Teacher in Baharpota Primary School under Panskura South Circle, District Purba Medinipur, who retired from service on 30th November, 1993 and died on 25th August, 2007. The mother of the petitioner pre-deceased of her father and died on 6^th May, 1995. The petitioner is the widowed daughter of the deceased employee. The husband of the petitioner died on 28^th July, 2007. The pension payment order was issued in favour of the petitioner on 12th October, 2020. The arrear family pension was disbursed in favour of the petitioner on 12^th November, 2020. However, no interest on the aforesaid amount has been paid in favour of the petitioner. Hence this writ petition.

4. Ms. Sreyasree Choudhury, learned advocate for the petitioner submits that as per the Government Circular dated 10^th January, 2008, the petitioner is entitled to family pension from the said date. She submits there is a delay in disbursement of the arrear pension amount and as such the petitioner is entitled to receive interest on the delayed payment of arrear pension amount. She seeks for appropriate orders.

5. Despite service, none appears on behalf of the State.

6. Ms. Lipika Chatterjee, learned advocate, who usually appears for the State, is requested to appear in this matter. Let her appointment be regularised by the competent authority.

7. The petitioner is directed to hand over a copy of the writ petition along with the annexures to Ms.

Chatterjee, learned advocate for the State.

8. Ms. Chatterjee, learned Advocate for the State leaves the matter to the discretion of the Court.

9. 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).

10. From the aforesaid contentions made in the writ petition, it is found that there is considerable delay in disbursement of the arrear pension amount. It is the bounden duty of the State to disburse all the pensionary benefits to the employee forthwith, failing which the employee is entitled to interest on the aforesaid amount.

11. Accordingly, respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Tamluk, are directed to disburse the interest at the rate of @ 8% per annum on the arrear of pension amount in favour of the petitioner by way of pensionary benefits from 10th January, 2008 till the date of actual payment. Such payment is to be made within a period of eight weeks from the date of communication of this order.

12. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no. 3, the Treasury Officer, Tamluk for necessary compliance.

13. With the aforesaid directions, the writ petition being WPA 27612 of 2025 is disposed of.

14. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

15. Consequently, connected applications, if any, stand disposed of.

16. Interim orders, if any, stand vacated.

17. There shall be no order a