04.11.2025

Sl. No.28 Ct. No.7

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE WPA/17845/2025

SINIGDHA SEN

VS

THE STATE OF WEST BENGAL AND ORS.

Ms. Sabita Khutia (Bhunya),

Ms. Arpita Saha

…for the Petitioner. Mr. Ovik Sengupta Ms.Suman Biswas

…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

direction upon the respondent authorities to allow the petitioner to deposit the employer’s share of C.P.F. amount with interest and additional interest on behalf of her husband and to grant and disburse arrear pension of her husband from the next date of

retirement and family pension along with arrears.

3. The petitioner contends that petitioner’s husband

joined the post of Assistant Teacher of Paliarah Board Primary School, District - Howrah on 30^th November, 1960 and he retired on superannuation from service on 30^th April, 2000 at the age of 60 years. The husband of the petitioner died on 2^nd December, 2007. The petitioner’s husband exercised option under ROPA

1990 and ROPA 1998 and the respondent No.4, the District Inspector of Schools (P.E.), Howrah issued office memorandum vide Memo No.545(6)G/P dated 25^th October, 2000 without any pension or family pension.

4. In terms of the Judgement dated 26^th July, 2023 passed by the Hon’ble Division Bench of this Court in The State of West Bengal versus Muktimoyee Pal (Dey) & Ors. (In Re: MAT 146 of 2019) as well as the subsequent decision of Hon’ble Division Bench in Pramila Behara versus The State of West Bengal (In Re: FMA 864 of 2022), the petitioner need not exercise a fresh option but to get the benefit of pension is obliged to refund the Government’s share of contribution in her husband’s provident fund account. The petitioner is willing to refund the amount to be calculated by the respondent No.8, District Inspector of Schools (Primary Education), Purba Medinipur.

5. In view of the above, the respondent No.4, District Inspector of Schools (Primary Education), Howrah is directed to calculate the amount required to be refunded by the petitioner to get the benefit of pension and upon deposit of the said amount the said respondent being the pension sanctioning authority shall verify the pension papers of the petitioner and sent the same to the respondent No.3, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal for further steps to be taken in accordance with law for issuance of the Pension Payment Order in favour of the petitioner.

6. The respondent Nos.4 and 3 shall complete the respective exercise as expeditiously as possible and the pension shall be paid to the petitioner on and from the date of superannuation of the petitioner’s husband.

7. With the above direction, the writ petition being WPA

17845 of 2025 stands disposed of.

8. Instruction submitted by the State is taken on record.

9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10.Interim order, if any, stands vacated.

11.All connected applications, if any, stand disposed of.

12.There shall be no order as to costs.

13.All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14.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.)