Asaduzzaman Mondal And ORS. v. The State Of West Bengal And ORS.

21.11.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 30126 of 2024 Asaduzzaman Mondal & Ors.

-versus The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya), Ms. Krishnapada Santra, Ms. Arpita Saha.

...For the Petitioners.

Mr. Rabindranath Bag, Ms. Kakali Pal.

...For the State.

1.

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

2.

The petitioners are the children of a deceased secondary school teacher. The teacher refunded the employer's share of contribution in terms of the Government Order dated 13th June, 2014. Pension was paid to the teacher on and from the date of refund of the employer's share of contribution. 3.

According to the petitioners payment ought to have been made on and from the next date of retirement and not from the date of refund.

4.

The issue as to whether the teacher would be entitled to receive the pension on and from the date of refund of the employer's share of contribution or on and from the next date of retirement of the teacher has been settled by this Court on 8th February, 2022 in the matter of Sitala Mandal (Chaudhuri) Vs. State of West Bengal & Ors. (WPA 964 of 2022) wherein the Court held that the entitlement will be on and from the next date of retirement.

5.

As the teacher expired on 21st September, 2020 his children have approached this Court seeking for the arrear pension which will be payable in favour of their deceased father on and from the next date of his retirement.

6.

In view of the above, the instant writ petition is disposed of by directing the District Inspector of Schools (S.E.), Hooghly to disburse the arrear pension due to the teacher on and from 1st of July, 1997 till the date of refund of the employer's share at the earliest, but, positively within twelve weeks from the date of communication of this order.

7.

The writ petition stands disposed of.

8.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)