Batu Kumar Koley v. State Of West Bengal And ORS.

S/L 88 19.06.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 12542 of 2026 Batu Kumar Koley Vs.

The State of West Bengal & Ors.

Ms. Ria Bhunya ... for the Petitioner.

Ms. Aparna Banerjee, Ld. AGP Mr. Atanu Basu ... for the State.

1.

Affidavit of service filed in Court today be kept with the records.

2.

The petitioner was serving as an Assisting Teacher in a school. He retired from service on attaining his age of superannuation on August 31, 2020.

3.

He prays for granting permission to refund the Government's share of contribution in his provident fund account along with interest and additional interest so that he can get the benefit of the pension scheme. It has been submitted that the petitioner exercised option under ROPA 1990 and ROPA 1998.

4.

Reliance has been placed on the judgment delivered by the Hon'ble Division Bench on 26th July, 2023 in MAT 146 of 2019 (State of West Bengal & Ors. vs. Muktimoyee Pal (Dey) & Ors.) wherein the Court held that the teacher is not required to exercise fresh option but get the benefit of pension if the Government's share of contribution in her provident fund account is refunded along with interest and additional interest. 5.

The petitioner asserts that option was exercised in terms of ROPA 1990. He is willing to refund the

contributory provident fund amount with interest and additional interest to avail the benefit of pension. 6.

In view of the above, the instant writ petition stands disposed of by directing the DI of Schools (PE), Bankura to verify whether petitioner exercised option under ROPA 1990. If it is found that he exercised option under ROPA 1990, then the DI shall calculate the amount to be refunded by the petitioner to avail the pension scheme within a period of twelve weeks from the date of communication of this order. If the petitioner refunds the calculated amount within a period of two weeks from the date of receiving the statement of refund, then the DI of Schools shall forward the pension papers of the petitioner to the office of the Director of Pension, Provident Fund and Group Insurance who will thereafter issue fresh PPO in favour of the petitioner after verification of all records within a period of eight weeks thereafter.

7.

While computing the interest, the authority shall take into consideration Clause (iv) of the notification no. 749-SE(L)/SL/55-56/13(Pt-V) dated 13th June, 2014. The pension will be payable on and from the date of superannuation of the petitioner.

8.

Writ petition stands disposed.

9.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)