Suchitra Das (Ghosh) v. The State Of West Bengal And ORS.

01.10.2024 Ct. No. 17 Sl. No.15 NB In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 23218 of 2024 Suchitra Das (Ghosh) Vs.

The State of West Bengal & Ors.

Mr. Sourav Mitra.

Ms. S. Chowdhury.

... for the petitioner.

Mr. Moloy Roy, Ms. Sami.

...for the State.

Affidavit of service filed by the petitioner in Court today is taken on record.

The husband of the petitioner was a primary school teacher who died-in-harness on 07.12.2000.

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.

As the husband of the petitioner expired prior to the publication of the State Government Order, accordingly he could not avail the said benefit. The petitioner, being the

widow, intends to avail the benefit of the aforesaid Government Order.

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

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

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.

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.

Writ petition stands disposed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)