Allowed

Jharnashri Mahapatra @ Jharnashree Mahapatra v. State of West Bengal and Ors.

Calcutta HC22 Sept 2026WPA/23612/2026

Case brief

AI extract

What is this about?

The Calcutta High Court allowed a widow to exercise the GPF option under a 2014 Government Order on behalf of her husband who died in 1993, relying on prior coordinate bench and Division Bench decisions. The court directed the District Inspector of Schools to process her application, calculate the refund amount within two weeks, issue a fresh Pension Payment Order within a month of compliance, and release arrears within two months.

What did the court decide?

Petitioner permitted to exercise GPF option; District Inspector of Schools to process application, calculate refund within 2 weeks, issue fresh Pension Payment Order within 1 month of compliance, release arrears within 2 months.

Jharnashri Mahapatra @ Jharnashree… — Pension and Retirement Benefits | Calcutta HC (2026)

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M/L 1038 22.09.2026 Court No.24 SD

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

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WPA 23612 of 2026

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Jharnashri Mahapatra @ Jharnashree Mahapatra Vs.

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The State of West Bengal & Ors.

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Mr. Goutam Malik

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… for the Petitioner.

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Affidavit of service filed in Court today be kept with the records.

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The husband of the petitioner was a teacher in secondary school who died-in-harness on August 26, 1993.

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The State Government published the Government Order No.749-SE(L)/55-56/13 (Pt.V) on 13^th June, 2014 pursuant to which the teachers had the option to join GPF scheme upon refund of the employer’s share of provident fund.

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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.

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

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Reliance has been placed on the order dated 6^th March, 2024 by a coordinate Bench in WPA 3480 of 2024 (Manjushri Mondal Versus The State of West Bengal & Ors.).

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Reliance has also been placed on the order passed by the Hon’ble Division Bench on 24^th 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.).

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

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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.

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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.

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The arrear of pension and family pension from the date of retirement of the employee shall be released to the petitioner within two months from the date of issuance of the Pension Payment Order.

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