Tusharendu Bikash Sinha v. State Of West Bengal And ORS.

28.11.2025 Court No.18 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 18179 of 2025 Tusharendu Bikash Sinha -versus The State of West Bengal & Ors.

Mr. Subhrangsu Panda Ms. Haritri Roy Mr. Anupam Singha ... For the Petitioner Mr. Pinaki Dhole Mr. Gaurav Banerjee ... For the State

1. The wife of the petitioner was a secondary school teacher who retired from service on 31st October, 2012 and expired on 10th June, 2014.

2. The State Government published the Government Order No.749-SE(L)/SL/55-56/13(Pt.-V) dated 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.

3. As the wife of the petitioner expired prior to the publication of the State Government Order, accordingly, she could not avail the said benefit. The petitioner, being the husband/widower, intends to avail the benefit of the aforesaid Government Order.

4. The Court in similar circumstances permitted the spouse of the deceased teacher to exercise option in terms of the aforesaid Government Order.

5. Reliance has been placed on the order dated 6th March, 2024 by a coordinate Bench in WPA 3480 of 2024 (Manjushri Mondal v. The State of West Bengal & Ors.).

6. 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 IA CAN 1 of 2017 (Old No. CAN 7452 of 2017) (State of West Bengal & Ors. v. Sefali Jana & Ors.).

7. In line with the above decisions, the instant writ petition is disposed of by directing the District Inspector of Schools (Secondary Education), Paschim Medinipur to process the application filed by the petitioner as expeditiously as possible.

8.

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.

9.

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 his favour within a month thereafter.

10. 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.

11. The writ petition stands disposed of.

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

13. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)