Soumendranath Chhauley And ORS v. State Of West Bengal And ORS.

S/L 90 19.06.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 12995 of 2026 Soumendranath Chhauley & Ors.

Vs.

The State of West Bengal & Ors.

Mrs. Sabita Khutia (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 father of the petitioners was a primary school teacher who retired from service on February 28, 2002 and expired on January 8, 2012. Mother of the petitioners died on June 4, 2021.

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 father of the petitioners expired prior to the publication of the State Government Order, accordingly he could not avail the said benefit. The petitioners, being the legal heirs, intend to avail the benefit of the aforesaid Government Order.

5.

The Court in similar circumstances permitted the legal heirs of the deceased teacher to exercise option in terms of the aforesaid Government Order. 6.

Reliance has been placed on the order dated 6th March, 2024 by a coordinate Bench in WPA 3480 of

2024 (Manjushri Mondal Versus The State of West Bengal & Ors.).

7.

Reliance has also been placed on the order passed by the Hon'ble Division Bench on 24th August, 2023 in FMA 620 of 2018 with IA No. CAN 1 of 2017 (Old No.CAN 7452 of 2017) (State of West Bengal Ors. Vs. Sefali Jana & Ors.).

8.

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

9.

The amount of money that is to be refunded by the petitioners shall be calculated and communicated to the petitioners 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 retirement of the employee shall be released to the petitioners within two months from the date of issuance of the Pension Payment Order.

12.

Writ petition stands disposed.

13.

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

(Amrita Sinha, J.)