Calcutta High Court
WPA/1651/2026 of ANITA RIZAL Vs THE STATE OF WEST BENGAL AND ORS on 13 August 2026
2026 A.Roy, J. Form J(2) Sl.No. 06 S. Barman In the High Court at Calcutta In the Circuit Bench
A.Roy, J.
Form J(2)
Sl.No. 06
S. Barman
In the High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
WPA 1651 OF 2026
Anita Rizal
Vs.
The State of West Bengal & Ors.
For the petitioner
:
Ms.Taniya bhoumik, Adv.
Ms. Amrita Maji, Adv.
For the Respondent State
:
Mr. Bibek Tarafdar, Adv.
Ms. Somdutta Patra, Adv.
Heard on
:
August 13, 2026
Judgment on
:
August 13, 2026
[In Court]
Aniruddha Roy, J. :
Affidavit-of-service, filed in Court today, is taken on record.
Ms. Taniya Bhoumik, learned Advocate appears for the petitioner.
Mr.
Bibek
Tarafdar,
learned
Advocate
with
learned
Advocate
Ms.
Somdutta Patra appears for the respondents State.
A.Roy, J.
The father of the petitioner was an approved Head Teacher of Gram Sundhar Samity Primary School, P.O. - Tindharia, District - Jalpaiguri. The father of the petitioner died-in-harness on 05.06.2023.
The Pension Payment Order was issued by the concerned respondent on 10.03.2025. The petitioner had received pension and arrear pension under the Pension Payment
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order
on 10.05.2025. 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 06.06.2023. It is trite that, the pension, which is lawfully payable to an employee is its property and if there is any delay in making such payment and the disbursement thereof in favour of such employee, such an employee is eligible and entitle to receive interest. In view of the above, the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer are directed to pay interest on the gratuity and on arrear pension @ 8% per annum on and from the date of death till the date of actual payment being received by the petitioner in terms of the Pension Payment Order. The entire exercise as directed above, shall be carried out and completed positively by the respondents and or the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer within a period of eight weeks from the date of communication of this order.
A.Roy, J. In default, the said arrear amounts and the entitlement of the petitioner3 shall carry an additional interest of 2% per annum till the date the petitioner actually receives the same. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. On the above terms, this writ petition being WPA 1651 of 2026 stands disposed of, without any order as to costs. Photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)