Calcutta High Court (Appellete Side)
Alma Khatun vs The State Of West Bengal & Ors on 5 January, 2026
05.01.2026
Sl. No.17
Ct. No.14
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 13th
April, 2010 to 28th 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 28th
February, 1999 and expired on 19th 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 13th February, 2004, however, that was
stopped thereafter. On the basis of Government Order
dated 13th April, 2010, the Pension Payment Order was
issued on 28th April, 2025 in favour of the petitioner and
2
family pension was restarted. The arrear of pension has
been disbursed in favour of the petitioner for the period
of 13th April, 2010 till 28th 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 13th 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 13th
April, 2010 and arrear of pension has been disbursed
from 13th April, 2010 till 28th 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 13th April, 2010 till 28th April, 2025, within a 3 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.)