WPA/13792/2024 of ANUPAMA BRAHMA Vs STATE OF WEST BENGAL AND ORS.

05 06.03.2026 Ct. No.18 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 13792 of 2024 Anupama Brahma v. The State of West Bengal & Ors. Mrs. Sabita Khutia (Bhunya) Mr. Krishna Pada Santra Ms. Arpita Saha … For the petitioner 1. Affidavit of service filed in Court today is taken on record. 2. In spite of service, none appears on behalf of the respondents. 3. The issue to be decided in the present writ petition is whe ther an employee will be entitled to receive pension on and from the date following death or from the date of refund of the employer’s share of contribution. 4. The husband of the petitioner died-in- harness on 5th August, 2012. 5. 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. 6. As the husband of the petitioner expired prior to the publication o f the State Government Order, 2 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 12747 of 2022 which stood disp osed of by the Court on 24th August, 2022. 7. The petitioner refunded the amount as calculated by the authority by way of T.R. Challan on 10th July, 2023. 8. Pension Payment Order was issued in favour of the employee with effect from the date of refund of the employer’s share of contribution. 9. The petitioner claim s that pension ought to have been released on and from the next date of death and not from the date of refund of the employer’s share of contribution. 10. 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. 11. The judgment passed in the aforesaid matter on 8th February, 2022 will cover the present writ petition. 12. The instant writ petition is disposed of by directing the Direct or 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 3 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 death and to release the pension in accordance with the Revi sed Pension Payment Order. 13. 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. 14. The writ petition stands disposed of. 15. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 16. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)