15th Jan., 2026 In the High Court at Calcutta Item no.M/L 897 Court No. 18 Constitutional Writ Jurisdiction Pradip, A.R.(Ct.)

Appellate Side Case No. WPA 7077 of 2024 In the matter of :

Sandhya Rani Dinda …. Petitioner VS.

The State of West Bengal & Ors.

….Respondents For the Petitioner:

Ms. Sabita Khutia (Bhunya)

….Advocate

1. Affidavit of service filed in Court today is taken on record.

2. The issue to be decided in the present writ petition is whether an employee will be entitled to receive pension on and from the date following retirement or from the date of refund of the employer’s share of contribution.

3. The husband of the petitioner retired from service on attaining the age of superannuation on 28^th February, 2007 and expired on 8^th December, 2009.

4. The State Government published the Government Order No. 749-

SE(L)/55-56/13(Pt.V) on 13^th June, 2014 pursuant to which the employee had the option to join GPF scheme upon refund of the employer’s share of provident fund.

5. As the husband of the petitioner expired prior to the publication of the State Government Order, accordingly, he could not avail the said benefit. The petitioner, being the widow, approached the Court seeking liberty to get the benefit under the GPF scheme. She filed writ petition being WPA 12754 of 2022 which stood disposed of by the Court on 24.08.2022.

6. In compliance of the order passed in the aforesaid matter the Director, Pension Provident Fund and Group Insurances directed the petitioner to refund the employer’s share of contributory fund along with interest which the petitioner duly refunded.

7. Pension Payment order was issued in favour of the employee with effect from the date of refund of the employer’s share of contribution.

8. The petitioner claims that pension ought to have been released on and from the next date of retirement and not from the date of refund of the employer’s share of contribution.

9. A similar issue has been decided by this Court in WPA 964 of 2022 in the matter of Sitala Mandal (Chaudhuri) Vs. State of West Bengal & Ors.

10. The judgment passed in the aforesaid matter on 8^th February, 2022 will cover the present writ petition.

11. The instant writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance, the District Inspector of Schools (SE), Paschim Medinipur and the concerned Treasury Officer to verify the records, and in the event, it is found that the employer’s share of contribution has been refunded as per the calculation made by the District Inspect of Schools, then steps shall be taken to issue Revised Pension Payment Order with effect from the date following the date of retirement and to release the pension in

12. Steps shall be taken in the matter at the earliest but positively within a period of twelve weeks from the date of communication of this order. All payments shall positively be released immediately

13. The writ petition stands disposed of.

14. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)