Sufia Khatun Vs the State of West Bengal and Ors.

By the present writ petition, the petitioner seeks for disbursement of arrear pension in favour of the petitioner from the date following the date of retirement of her husband till the date of sanction in reference of the pension payment order (Annexure P-2).

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The petitioner contends that her husband, namely, Mozammel Hoque retired as assistant teacher of Ranidighi High Madrasah, P.O. Sihol, District-Dakshin Dinajpur on 29^th February, 2012 and died on 25^th June, 2025. Upon refund of the Government’s share in contributory provident fund on 4^th September, 2014, Pension Payment Order was issued on 3^rd March, 2015 in favour of the petitioner’s husband giving effect of pension on and from 4^th September, 2014 i.e. the date of deposit of the Government’s share in contributory

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provident fund. The petitioner claims that her husband was entitled to pension from the date following the date of retirement. The petitioner seeks for arrear pension from the date following the date of retirement till the date of deposit of Government’s share in contributory provident fund.

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Mr. Sourav Mitra, learned Advocate for the petitioner submits that upon deposit of the Government’s share in contributory provident fund, the Pension Payment Order was issued in favour of the petitioner’s husband from the date of deposit and not from date following the date of retirement. As such the petitioner is entitled to arrear pension from the date following the date of retirement of the petitioner’s husband till the date of deposit.

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Ms. Susmita Chatterjee, learned Advocate appearing for the State leaves the matter to the discretion of the Court.

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In view of the above, respondent No.3, Director of Pension, Provident Fund and Group Insurance, Government of West Bengal and respondent No.5, Treasury Officer, Gangarampur are directed to verify the records and in the event it is found that petitioner’s husband exercised option and refunded the employer’s share of contribution within the time specified in the notification dated 13^th June, 2014, then appropriate steps shall be taken to issue a revised Pension Payment Order in favour of the petitioner’s husband with effect from the date following the date of retirement on

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superannuation and to release the pension in accordance with the revised Pension Payment Order. Such steps shall be taken within a period of twelve weeks from the date of communication of this order. Payment shall be released immediately upon issuance of the revised Pension Payment Order.

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For the aforesaid purpose, the District Inspector of Schools (SE), Dakshin Dinajpur shall process the claim for arrears of pension and forward a necessary recommendation/sanction to the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as expeditiously as possible who, in turn, shall act on the basis of such

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recommendation/sanction.

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