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22-12-2025

IN THE HIGH COURT AT CALCUTTA

Item No.37

Subrata Circuit Bench at Jalpaiguri

Bhattacharyya

Constitutional Writ Jurisdiction

AR(C)

Appellate Side

WPA No.2493 of 2025

Sipra Mitra

-vs-

The State of West Bengal & Ors.

Mr. Deborshi Dhar …for the petitioner

Mr. Subir Kumar Saha, AGP

Mr. Bikash Singha …for the State

1. Affidavit of service filed in Court be taken on

record.

2. The petitioner was serving as an assistant teacher

in a school and she retired from service on

attaining the age of superannuation on January

31, 2025. She prays for granting permission to

refund the Government’s share of contribution in

her provident fund account along with interest

and additional interest so that she can switch

over to the pension scheme.

3. In support of the submission, learned counsel for

the petitioner relies on a judgment delivered by

the Hon’ble Division Bench on 26^th July 2023 in

MAT No.146 of 2019 (State of West Bengal & Ors.

–vs- Muktimoyee Pal (Dey) & Ors.) wherein the

Court held that the teacher is not required to

exercise fresh option but get the benefit of

pension, if the Government’s share of

contribution in her provident fund account is

refunded along with interest and additional

interest.

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4. The petitioner claims that option was exercised in

terms of ROPA 1990. She is willing to refund the

contributory provident fund amount with interest

and additional interest to avail the benefit of

pension.

5. In view thereof, the instant writ petition stands

disposed of by directing the District Inspector of

Schools (SE), Cooch Behar to calculate the

amount to be refunded by the petitioner to avail

the pension scheme within a period of eight weeks

from the date of communication of this order.

6. If the petitioner refunds the calculated amount

within a period of two weeks from the date of

receiving the statement of refund, then the DI of

Schools shall forward the pension papers of the

petitioner to the office of the Director of Pension,

Provident Fund & Group Insurance, Government

of West Bengal who will, in turn, issue fresh PPO

in favour of the petitioner after verification of all

records within a period of eight weeks thereafter.

7. While computing the interest, the authority shall

take into consideration clause (iv) of the

notification No.749-SE(L)/SL/5S-56/13 (Pt-V)

dated 13th June 2014. The pension will be

payable on and from the date of superannuation

of the petitioner.

8. All parties are to act on the server copy of this

order duly downloaded from the official website of

this Court.

9. Certified copy of this order, if applied for, shall be

made available to the parties.

[Amrita Sinha, J

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