WPA/20021/2025 of MALLIKA DATTA Vs STATE OF WEST BENGAL AND ORS. on 5 August 2026

1. Affidavits of service filed in Court today are taken on record.

2. The petitioner is the widow of a deceased Assistant Teacher. The pension of the teacher was revised in terms of ROPA 2019 and the revised Pension Payment Order was issued in favour of the deceased teacher in September 2020.

3. The teacher expired on 4th December, 2023. The teacher never raised any objection on account of delayed payment of the revised benefit. After the death of the teacher, the widow, in August 2025, has filed the instant writ petition seeking interest on account of delayed disbursal of dues in favour of her husband.

4. The Court is of the considered opinion that as the teacher did not raise any objection on receipt of the revised Pension Payment Order for more than three years after receiving the same as long as he was alive, accordingly, it has to be taken that the employee never had any objection with regard to the delayed disbursal.

2 The employee waived his right to raise objection. After the death of the employee, the widow cannot be permitted to take up the cause.

5. In view of the above, no relief can be granted to the petitioner in the instant case.

6. The writ petition fails and is hereby dismissed.

7. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

8. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.

(Amrita Sinha, J.)