WPA/1952/2026 of DIPA RANI MAJI AND ORS. Vs STATE OF WEST BENGAL AND ORS.

15 05.03.2026 Ct. No.18 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1952 of 2026 Dipa Rani Maji & Ors. v. The State of West Bengal & Ors. Mrs. Sabita Khutia (Bhunya) … For the petitioners Mr. Bhakti Prasad Das … For the State 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 no.1 and father of the other petitioners retired from service on attaining the age of superannuation on 30 th November, 2002 and expired on 12th November, 2004. 4. The State Government published the Government Order No. 749 -SE(L)/55-56/13(Pt.V) on 13th 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 no.1 and father of the other petitioners expired prior to the 2 publication of the State Government Order, accordingly, he could not avail the said benefit. The petitioners, being the widow and sons, approached the Court seeking liberty to get the benefit under the GPF scheme. The widow filed writ petition , being WPA 30016 of 2024 which stood disposed of by the Court on 10th February, 2025. 6. In compliance of the order passed in the aforesaid matter, the Director of Pensio n, Provident Fund and Group Insurance directed the petitioner no.1 to refund the employer’s share of contributory fund along with interest which the petitioner no.1 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 petitioners claim 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 8th February, 2022 will cover the present writ petition. 3 11. The instant writ petition is di sposed of by directing the Director of Pension, Provident Fund and Group Insurance, the District Inspector of Schools (Secondary Education), 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 th e pension in accordance with the Revised Pension Payment Order. 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 upon issuance of the Revised Pension Payment Order. 13. The writ petition stands disposed of. 14. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)