Bimala Gurung @ Bhimla Gurung v. The State Of West Bengal And ORS

09.04.2025 Ct. No.2 Rohit Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 718 of 2025 Bimala Gurung @ Bhimla Gurung -vs- The State of West Bengal & Ors.

Mr. Debajit Kundu ...for the Petitioner Mr. Hirak Barman Mr. Sandip Guha Roy ...for the State Affidavit-of-service filed in Court be taken on record.

The husband of the petitioner namely Ganga Prasad Gurung since deceased was a clerk in Rambi High School.

He died in harness on 20.07.2012.

After his death the petitioner being his widow applied for family pension.

Mr. Kundu, learned Advocate appearing for the petitioner submits that the contention of the learned advocate for the State that the prayer of the petitioner for switching over from CPF to GPF scheme cannot be allowed as she is a widow cannot be sustained in view of the decision of the Hon'ble Division Bench in FMA 620 of 2018 in the case of State of West Bengal and ors. vs. Sefali Jana delivered on August 24, 2023. By placing reliance upon the said decision Mr. Kundu

submits that the widows of the deceased teacher are also entitled to exercise option for pension on account of the service of their deceased husbands.

Heard Mr. Barman, learned Advocate assisted by Mr. Guha Roy on such submission.

This Court finds that the Hon'ble Division Bench in Sefali Jana (supra) held that if the widows of the deceased teachers want to exercise option for pension on account of service of their deceased husbands the authorities cannot refuse to entertain the prayer of the widows as it is well settled proposition of service jurisprudence that pension includes family pension. The Hon'ble Division Bench held thus- <6. Pursuant to the three-month period granted in Para 76 of the Abhijit Baidya (supra) decision to all teachers in the State, the writ petitioners/widows of the said teachers, went to the authorities to exercise options for pension on account of the service of their deceased husbands.

The authorities refused to entertain the writ petitioners and turned them down. The State held that the Abhijit Baidya (supra) decision and the notification issued by the State pursuantthereto, applied only to the living teachers and not to their family members.

7. It is a well-settled proposition of service jurisprudence that pension includes family pension. The pension is aimed at securing the family particularly the widow and persons lawfully entitled to benefit from the service of a deceased employee.

8. The respondents are therefore entitled to family pension on account of their deceased husbands/employees.

They shall exercise option therefor. The petitioners are entitled on the ground that the husbands had opted for to come under Para17 of ROPA 1990 and also in view of the dicta in the decision of Abhijit Baidya (supra).=

It further appears from the record that in similar circumstances the respondent authorities have also allowed the widows to switch over to the GPF Scheme from the CPF scheme as would be evident from the order of the Director, Provident Fund and Group Insurance, Government of West Bengal dated 18th August, 2021 in the case of Putul Mondal vs. State of West Bengal & ors.

This Court, therefore, holds that the petitioner shall be entitled to switch over to the GPF scheme from the CPF scheme upon refunding the entire amount which was received by the petitioner on account of provident fund account of her husband together with any interest as specified in the relevant circular issued by the State.

Petitioner shall refund the entire Provident Fund amount together with accrued interest till the date of refund as specified to the relevant circular of the State within a period of three months from the date of receipt of the server copy of this order. Mr. Kundu, learned Advocate for the petitioner submits that in the judgment dated September 30, 2019 in G.A. NO. 464 of 2018 arising out of APOT 104 of 2006 in the case of Md. Abdul Ghani vs. State of West Bengal & Ors. the Hon'ble Special Bench clarified that an employee who has opted for Pensioncum-Gratuity Scheme and has also refunded the

quantum of money that was notified to him/her, He/She shall be entitled to be paid pension from the date following the date of his/her retirement on superannuation in accordance with the provisions of the DCRB Rules.

Since the husband of the petitioner died in harness, this Court holds that in the event the petitioner refunds the amount as directed by this Court, she shall be entitled to pension from the date following the date of death of her husband.

Upon refund of the money as directed by this Court, District Inspector of Schools (PE), Darjeeling is directed to forward the recommendation to the Director of Pension Provident Fund and Group Insurance being the 3rd respondent for issuance of Pension Payment Order within a period of two week from the date of making of such refund.

The Director of Pension, Provident Fund and Group Insurance is directed to issue Pension Payment Order within a period of two weeks from the receipt of recommendation from the D.I.

The respondent authorities are directed to take all steps for release of the pension expeditiously and the arrears of pension shall be paid to the petitioner as expeditiously as possible but positively within a period of three months from the date of issuance of the Pension Payment Order.

With the above observations and directions the writ petition stands disposed of.

(Hiranmay Bhattacharyya, J.)