Radharani Mondal v. State Of West Bengal And ORS.
10.11.2025 Sl. No.31 Ct. No.7 gd
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/21938/2025 RADHARANI MONDAL VS STATE OF WEST BENGAL AND ORS.
Ms. Sabita Khutia (Bhunya) Ms. Arpita Saha ...for the Petitioner.
Mr. Priyabrata 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 deposit the employer's share of Contributory Provident Fund amount with interest and additional interest on behalf of her husband in order to avail the benefit of family pension.
3.
The petitioner contends that her husband joined in the post of Assistant Teacher at Jujursha Uttar Polley Primary School, P.O.- Jujersa, District-Howrah and after rendering service for more than 33 years he retired from his service on 31st January, 2000. The husband of the petitioner exercised option under ROPA 1990. The respondent no.3, Director of Pension,
Provident Fund and Group Insurance, Government of West Bengal issued Pension Payment Order without any pension or family pension. The petitioner seeks permission to deposit the employer's share of Contributory Provident Fund amount with interest and additional interest in order to avail the benefit of pension.
4.
Ms. Sabita Khutia (Bhunya), learned Advocate for the petitioner submits that the petitioner being the widow of the deceased employee intends to refund/deposit the Government's share of the Provident Fund, as per the Government Order No.749-SE(L)/55-56/13(Pt.V) dated 13th June, 2014, in order to avail the benefit of pension.
5.
Mr. Priyabrata Ghosh, learned advocate for the State leaves the matter to the discretion of the court. 6.
In the decision passed in Pramila Behara versus The State of West Bengal (In Re: FMA 864 of 2022) the Hon'ble Division Bench has allowed the widow to deposit the employer's share of Contributory Provident Fund with interest and additional interest. This court in similar circumstances has also permitted the widow of the deceased teacher to exercise the option in terms of the aforesaid Government Order. Reliance is placed on the decision of a Coordinate Bench passed in Pratima Kanrar versus State of West Bengal (In Re: WPA 17849 of 2025).
7.
In view of the above, the respondent No.4, District Inspector of Schools (Primary Education), Howrah is directed to calculate the employer's share of Contributory Provident Fund with interest and additional interest from the date of superannuation which the petitioner is required to refund for availing the benefit of pension and intimate the same to the petitioner with a period of eight weeks from date of communication of this order. The petitioner shall deposit the specified amount of the employer's share of CPF with interest and additional interest to the Government Treasury through the concerned District Inspector of Schools. The concerned District Inspector of Schools shall send the pension papers of the petitioner to the Respondent No.3, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal after verifying the same and shall issue pension payment order in favour of the petitioner as expeditiously as possible.
8.
With the above direction, the writ petition being WPA 21938 of 2025 stands disposed of.
9.
Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
10. Interim order, if any, stands vacated.
11. All connected applications, if any, stand disposed of.
12. There shall be no order as to costs.
13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
14. 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.)