Utpal Pramanik and Anr. Vs State of West Bengal and Ors.

10.11.2025 Item No. 06

Ct. No. 07 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19976 of 2025 Utpal Pramanick & anr. vs. State of West Bengal & ors.

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Mr. Sourav Mitra Mr. Banshi Badan Maity … for the petitioner Mr. Priyanjit Kundu … for the State

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Affidavit of service filed on behalf of the petitioner is taken on record.

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By the present writ petition, the petitioner seeks for disbursement of interest amount towards the pensionary benefits including the arrear family pension till the date of actual disbursement of the amount alongwith the interest at the rate of 18% per annum.

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The petitioners contend that their father namely Late Nalin Chandra Pramanick while discharging his duties as a Head Teacher of Rajarampur F.P. School, Rajarampur, Dist. South 24 Parganas died-in-harness on 15^th August, 1970. The mother of the petitioners died on 30^th June, 2020. The petitioners are the legal heirs of the deceased teacher. During her lifetime, the mother of the petitioner received the family pension as well as the pensionary benefits, however, the interest

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on such pensionary benefits were not paid. Hence this writ petition seeking for payment of the interest on pensionary benefits including the arrear on the family pension.

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Mr. Sourav Mitra, learned advocate appearing for the petitioners submits that the petitioners are entitled to receive the interest on pensionary benefits and family pension on and from 15^th June, 1990 after the teaching and non-teaching staffs were extended with the retiral benefits who retired but prior to 1^st April, 1981. In support of his contention, he relies on the decision of a Co-ordinate Bench in Sabita Maity versus State of West Bengal & Ors. (WPA 18290 of 2025).

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On the contrary, Mr. Priyanjit Kundu, learned advocate representing the State submits that all the retiral benefits and dues have been paid to the mother of the petitioners as such the petitioners are not entitled to receive any further benefits. She files a report furnished by respondent no. 4, the District Inspector of Schools (P.E.), South 24 Parganas dated 6^th November, 2025 which is taken on record.

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Upon perusal of the aforesaid report, it is found that all the arrears of family pension has been paid to the mother of the petitioners on and from 1^st April, 1981 to 30^th June, 2020. However, there is no whisper of payment of any interest.

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In view of the above, respondent no.2, Director of Pension, Provident Fund and Group Insurance and respondent no.3, Treasury Officer, Alipore-I, South 24 Parganas are directed to pay to the petitioners the interest at the rate of 8% per annum on the amount released in favour of the mother of the petitioners by way of pensionary benefits on and from 15^th June, 1990 till the date of issuance of the pension payment order.

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Learned advocate for the petitioner is directed to communicate this order to respondent no.2, Director of Pension, Provident Fund and Group Insurance and respondent no.3, Treasury Officer, Alipore-I, South 24 Parganas, for necessary action.

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With the above observations, WPA 19976 of 2025 stands disposed of.

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Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.

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

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Interim orders, if any, stand vacated.

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There will be no order as to costs.

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Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

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(Bivas Pattanayak, J.)

Utpal Pramanik and Anr. v. State of West Bengal and Ors.

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Utpal Pramanik and Anr. v. State of West Bengal and Ors.

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