Radha Rani Chakraborty v. The State Of West Bengal And ORS.

06.01.2026 Sl. No.15 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 16614 of 2025 Radha Rani Chakraborty

Versus

The State of West Bengal & Ors.

Mrs. Sudipta Pramanik ...for the Petitioner.

Mr. Bipin Ghosh ...for the State.

1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition the petitioner seeks permission to refund the Governments' share in Contributory Provident Fund with interest and additional interest in terms of Government scheme in order to avail the benefit of pension.

3.

The petitioner contends that her husband namely, Dinabandhu Chakraborty was an Assistant Teacher of Kanthilabar Primary School who retired from service on superannuation on 31st October, 1995. The petitioner is the widow of the deceased teacher. The petitioner's husband exercised option under ROPA, 1990. The petitioner seeks to refund the amount of Governments' share in Contributory Provident Fund with interest and additional interest in terms of Government scheme in order to avail the benefit of pension. Hence, this writ petition.

4.

Mrs. Sudipta Pramanik, learned Advocate for the petitioner submits that the petitioner in order to avail the benefit of family pension intends to deposit the Government's share of Contributory Provident Fund together with interest and additional interest. In support of her contention, she relies on the decision of a Coordinate Bench in Santilala Mahato versus State of West Bengal & Ors. (WPA 16272 of 2025).

5.

Despite service none appears on behalf of the State respondents.

6.

Mr. Bipin Ghosh, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. The appearance of Mr. Ghosh be regularised by the concerned authority.

7.

Learned Advocate for the petitioner is directed to serve a copy of the writ petition along with its annexure upon Mr. Ghosh, learned Advocate for the State- respondents. 8.

Mr. Ghosh, learned Advocate for the State leaves the matter to the discretion of this Court.

9.

By Government Order No.749-SE(L)/55-56/13 (Pt.V) on 13th June, 2014, the teachers were given option to join GPF Scheme upon refund of employer's share of Contributory Provident Fund.

10. Co-ordinate Benches in several matters granted permission to the party to refund the employer's share in Contributory Provident Fund following the decision of the Hon'ble Division Bench in State of West Bengal & Ors. versus Sefali Jana & Ors. in FMA 620 of 2018.

11. In view of the submissions advanced on behalf of the respective parties and in line with the decision of Hon'ble Division Bench in Sefali Jana (supra), respondent no.4, the District Inspector of Schools (PE), Howrah, is directed to calculate the amount required to be refunded by the petitioner to get the benefit of pension and upon deposit of the said amount the respondent no.4, being the pension sanctioning authority, shall verify the pension papers of the petitioner and sent the same to the respondent No.3, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal for further steps to be taken in accordance with law for issuance of the Pension Payment Order in favour of the petitioner.

12. The respondent Nos.4 and 3 shall complete the respective exercise as expeditiously as possible and the pension shall be paid to the petitioner on and from the next date of superannuation of the petitioner's husband.

13. With the above direction, the writ petition being WPA 16614 of 2025 stands disposed of.

14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

15. Interim order, if any, stands vacated.

16. All connected applications, if any, stand disposed of.

17. There shall be no order as to costs.

18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

19. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)