Suniti Bhattacharya v. State Of West Bengal And ORS.

12.11.2025 Sl. No.30(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 22484 of 2025 Suniti Bhattacharya

Versus

The State of West Bengal & Ors.

Mrs. Sabita Khutia (Bhunya), Ms. Arpita Saha ...for the Petitioner.

Mr. Jayanta Samanta, Ms. Paromita Malakar (Dutta) ...for the State.

1.

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

2.

Despite service, none appears on behalf of the State. 3.

Mr. Jayanta Samanta, learned Junior Government Advocate, who usually appears on behalf of the Staterespondents is requested to appear in this matter with a junior of his choice. The appearance of the learned Advocates be regularised by the concerned authority.

4.

Let a copy of the writ petition along with its annexure be served upon Mr. Samanta, learned Advocate for the State respondents.

5.

By the present writ petition, the petitioner seeks for disbursement of the arrear pension in favour of the petitioner on and from the next date of his retirement to the date of sanctioning of the pension.

6.

The petitioner contends that she was a teacher of primary school of Purulia district and retired from service on 31st March, 2009. Pension Payment Order has been issued on 14th May, 2015 with effect from 21st August, 2014. The petitioner seeks for arrear pension from the date following the date of retirement to the date of sanctioning of pension.

7.

Ms. Arpita Saha, learned Advocate for the petitioner submits that the petitioner is entitled to pension from the date following the date of retirement, i.e. on 1st April, 2009 till the date of sanctioning of pension with effect from 21st August, 2014.

8.

Mr. Jayanta Samanta, learned Junior Government Advocate appearing for the State leaves the matter to the discretion of the Court.

9.

It is found that the pension payment order has been issued on 14th May, 2009 with effect of pension from 21st August, 2014. The petitioner has retired from service on 31st March, 2009.

10. Accordingly, the respondent no.3, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent no.5, the Treasury Officer, Raghunathpur are directed to verify the records and in the event it is found that the petitioner exercised option and refunded the employer's share of contribution within the time specified in the notification dated 13th June, 2014, then appropriate steps shall be taken to issue a

Revised Pension Payment Order in favour of the petitioner's mother with effect from the date following the date of retirement on superannuation and to release the pension in accordance with the Revised Pension Payment Order. Such steps shall be taken within a period of four weeks from the date of communication of this order. Payment shall positively be released immediately upon issuance of the Revised Pension Payment Order.

11. For the aforesaid purpose, respondent No.4, District Inspector of Schools (Primary Education), Purulia shall process the claim for arrears of pension and forward a necessary recommendation/sanction to the Director of Pension, Provident Fund and Group Insurance expeditiously who shall act on the basis of such recommendation/sanction.

12. With the above direction, the writ petition being WPA 22484 of 2025 stands disposed of.

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

14. Interim order, if any, stands vacated.

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

16. There shall be no order as to costs.

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

18. 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.)