Sauparna De And ANR. v. State Of West Bengal And ORS.

05.03.2026 Ct. No.18 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 858 of 2026 Sauparna De & Anr.

v.

The State of West Bengal & Ors.

Mrs. Sabita Khutia (Bhunya) Ms. Ria Bhunya ... For the petitioners Mr. Avirup Mondal Ms. Sreyasree Choudhury ... For the State 1.

The affidavit of service filed in Court is taken on record.

2.

The petitioners are the children of a deceased secondary school teacher. The teacher refunded the employer's share of contribution in terms of the Government Order No. 749-SE(L)/55-56/13(Pt.V) 13th June, 2014. Pension was paid to the teacher on and from the date of refund of the employer's share of contribution.

3.

According to the petitioners, payment ought to have been made on and from the next date of retirement and not from the date of refund.

4.

The issue as to whether the teacher would be entitled to receive the pension on and from the date of refund of the employer's share of contribution or on and from the next date of retirement of the teacher has been settled by this Court on 8th February, 2022 in the

matter of Sitala Mandal (Chaudhuri) Vs. State of West Bengal & Ors. (WPA 964 of 2022) wherein the Court held that the entitlement will be on and from the next date of retirement.

5.

As the teacher expired on 23rd September, 2020, her children have approached this Court seeking for the arrear pension which will be payable in favour of their deceased mother on and from the next date of her retirement.

6.

In view of the above, the instant writ petition is disposed of by directing the District Inspector of Schools (Secondary Education), Purba Medinipur to disburse the arrear pension due to the teacher on and from 1st of April, 2004 till the date of refund of the employer's share at the earliest, but, positively within twelve weeks from the date of communication of this order.

7.

The writ petition is disposed of.

8.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

9.

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

(Amrita Sinha, J.)