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Calcutta High CourtWPA/13401/2024disposed

Chanchala Samai v. State Of West Bengal And ORS.

2024-06-12Hon'Ble Justice Rajasekhar Mantha2 pages

12.06.2024 Sl. No.58 gd/ssd WPA/13401/2024 CHANCHALA SAMAI VS STATE OF WEST BENGAL AND ORS.

Mr. Saurav Mitra, Ms. Sreyasree Choudhury ... for the petitioner.

1.

Affidavit of service filed in Court is taken on record.

2.

The petitioner has applied for conversion from CPF to GPF on account of service of her late husband, Anil Krishna Samai, who retired on 31st October, 1999. He died on 20.04.2009.

3.

This Court has held in the case of Jyotsna Mahata Vs. the State of West Bengal and others in WPA 25476 of 2023 dated 20.12.2023, relying upon the case of State of West Bengal and others Vs. Sefali Jana and others dated 24th August, 2023 that the petitioner shall be entitled to seek such conversion.

4.

In these circumstances, District Inspector of Schools, Paschim Medinipur shall calculate the refund payable by the petitioner

of the employer share of CPF received by her late husband together with interest and additional interest and communicate the same to the petitioner.

5.

Upon receiving refund as above, the DPPG, West Bengal shall issue PPO to the petitioner. The petitioner shall be entitled to arrears of family pension from the date of death of her husband i.e. 11th March, 1991 till the date of payment, however, without any interest.

6.

Let arrear of pension from the date of retirement of the employee be released to the petitioner within 2 months from date.

7.

The writ petition is disposed of.

8.

There will be no order as to costs.

9.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)