Allowed

Debidas Malakar v. State of West Bengal and Ors.

Calcutta HC22 Sept 2026WPA/23930/2026

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AI extract

What is this about?

The petitioner's wife retired on 31.05.2011 and died on 04.11.2022. The petitioner exercised the option to switch from CPF to GPF and refunded the employer's share in 2014. The Pension Payment Order was issued from the date of refund, but the petitioner claimed pension should start from the date after retirement. The court followed its prior decision in WPA 964/2022 and directed authorities to verify records and issue a revised Pension Payment Order effective from the date following retirement if the option and refund were timely made.

What did the court decide?

Direction to verify records and issue Revised Pension Payment Order with effect from the date following retirement on superannuation within twelve weeks, and to release pension immediately upon issuance.

Debidas Malakar Vs State of West Bengal and… — Pension and Retirement Benefits | Calcutta HC (2026)

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M/L 1040 22.09.2026 Court No.24 SD

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

WPA 23930 of 2026

Debidas Malakar

Vs.

The State of West Bengal & Ors.

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Mr. Goutam Malik

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… for the Petitioner.

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Mr. Joydipta Mondal

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Mr. Bikash Kumar Sriwastav

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… for the State.

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

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The issue to be decided in the present writ petition is whether an employee will be entitled to receive pension on and from the date following retirement or from the date of refund of the employer’s share of contribution.

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The wife of the petitioner retired from service on attaining the age of superannuation on 31.05.2011 and died on 04.11.2022.

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In response to the notification published by the School Education Department being No. 749SE(L)/SL/55-56/13(Pt-V) dated 13^th June, 2014 issued in compliance of the direction passed by the Hon’ble Special Bench of this Court in the judgment dated 16^th July, 2013 in the matter of District Inspector of Schools (S.E.), Kolkata –vs- Abhijit Baidya the petitioner exercised option to switch over from CPF to GPF and claims to have refunded the employer’s

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share of contribution with interest and additional interest on 09.09.2014.

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Pension Payment Order was issued in favour of the petitioner with effect from the date of refund of the employer’s share of contribution.

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The petitioner claims that pension ought to have been released on and from the next date of retirement of the wife of the petitioner and not from the date of refund of the employer’s share of contribution.

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A similar issue has been decided by this Court in the matter of WPA No. 964 of 2022 (Sitala Mandal (Chaudhuri) –vs- State of West Bengal & Ors.).

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The judgment passed in the aforesaid matter on 8^th February, 2022 will cover the present writ petition. 9. As the teacher died in the meantime, accordingly, the revised pension payment order is required to be issued in favour of the husband of the deceased employee.

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The instant writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance, District Inspector of Schools (SE), Paschim Bardhaman and the concerned Treasury Officer to verify the records, and in the event, it is found, that the petitioner exercised option and refunded the employer’s share of contribution within the time specified in the notification dated 13^th June, 2014, then steps shall be taken to issue Revised

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Pension Payment Order in favour of the petitioner with effect from the date following the date of retirement on superannuation and to release the pension in accordance with the Revised Pension Payment Order.

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Such steps shall be taken within a period of twelve weeks from the date of communication of a copy of this order. Payment shall positively be released immediately upon issuance of the Revised Pension Payment Order.

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The writ petition stands disposed of.

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Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

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Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

Debidas Malakar v. State of West Bengal and Ors.

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Debidas Malakar v. State of West Bengal and Ors.

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