Rina Halder v. State Of West Bengal And ORS.

19.06.2026 Court No.18 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 6995 of 2026 Rina Halder Vs.

The State of West Bengal & Ors.

Mr. Banshi Badan Maity Mr. Goutam Malik ... For the petitioner Ms. Aparna Banerjee, AGP Mr. Atanu Basu ... For the State 1.

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

2.

The husband of the petitioner was a teacher of a primary school who retired from service on 30th September, 2010 and expired on 2nd December, 2011.

3.

The State Government published the Government Order No. 749-SE(L)/55-56/13(Pt.V) on 13th June, 2014 pursuant to which the teachers had the option to join GPF scheme upon refund of the employer's share of provident fund.

4.

As the husband of the petitioner expired prior to the publication of the said State Government Order, accordingly, he could not avail the said benefit. The petitioner, being the widow, intends to avail the benefit of the aforesaid Government Order. 5.

The Court in similar circumstances permitted the widows of the deceased teachers to exercise option in terms of the aforesaid Government order.

6.

Reliance has been placed on the order dated 6th March, 2024 passed by a coordinate Bench

in WPA 3480 of 2024 (Manjushri Mondal Vs. The State of West Bengal & Ors.).

7.

Reliance has also been placed on the order dated 24th August, 2023 passed by the Hon'ble Division Bench in FMA 620 of 2018 with CAN 1 of 2017 (Old CAN 7452 of 2017) (State of West Bengal & Ors. Vs. Sefali Jana & Ors).

8.

In line with the above decisions, the instant writ petition is disposed of by directing the District Inspector of Schools (PE), South 24Parganas to process the application filed by the petitioner as expeditiously as possible.

9.

The amount of money that is to be refunded by the petitioner shall be calculated and communicated to the petitioner within a period of two weeks from the date of communication of this order.

10.

Upon the petitioner complying all formalities including refund of deposit of employer's share of provident fund along with interest and additional interest, fresh Pension Payment Order shall be issued in her favour within a month thereafter.

11.

The arrear of pension and family pension from the date of death of the employee shall be released to the petitioner within two months from the date of issuance of the Pension Payment Order. 12.

The writ petition stands disposed of.

13.

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

14.

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

(Amrita Sinha, J.)