18.08.2026 Sl. No.12 Ct. No.14 NB IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2441 of 2026 Sahadeb Mahato & Ors. Vs. The State of West Bengal and Ors. Mr. Sourav Mitra, Mr. Kalyan Kumar Panda, Mr. Uttam Kumar Roy. …for the Petitioners. Mr. Lokenath Chatterjee, Mr. Brijendra Pratap Singh, Ms. Sneha Chatterjee. …for the State. 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. Report filed by State furnished by the District Inspector of Schools (Primary Education), Purulia dated 14th August, 2026 is also taken on record. 3. By the present writ petition, the petitioners seek direction upon the respondent authorities to allow the petitioners to refund the government’s contribution in the Contributory Provident Fund Account of their father with interest and additional interest for enabling the petitioners to get arrear pension and arrear family pension benefits. 4. The petitioners contend that their father was an Assistant Teacher of Siyaldanga Primary School under Indrabil Circle, District-Purulia who retired from service on superannuation on 31st July, 1990. The father of the petitioners expired on 22nd November, 2003. After demise of the father, the petitioners’ mother, Pranolata Mahato filed a writ petition being WP No. 29855(W) of 2016 seeking 2 permission to deposit the Government’s share of Contributory Provident Fund with interest and additional interest. The said writ petition was disposed of vide order dated 22nd December, 2016 with the following direction:- “ In view of the aforesaid judgment of the Division Bench and in tune with the Special Bench judgment referred to in the Division Bench judgment, I direct the District Inspector of Schools, (P.E.) Purulia to communicate to the petitioner the amount of money on account of Contributory Provident Fund together with interest at the rate specified in the notification dated 13th June, 2014 i.e. 8.7% per annum and additional interest at the rate of 3.3% per annum i.e. interest at the rate of 12% per annum. Such calculation shall be submitted to the petitioner within two weeks from date. It will be open to the writ petitioner to deposit the amount so communicated by the District Inspector within three weeks from the date of receipt of such communication. In the event, she does so, the authorities shall start paying family pension and also shall pay the arrear pension from the date of the retirement of the petitioner’s husband till the date of death of the petitioner’s husband as also arrear family pension from the date of death of the petitioner’s husband till date and shall go on paying the current family pension. The arrear on account of pension and family pension shall be paid to the petitioner within ten weeks from the date of communication of this order. In the event, the petitioner does not deposit the amount communicated to her by the District Inspector within the period indicated above, this order shall stand withdrawn and the writ petition shall stand dismissed.” 5. The order passed by the learned Single Judge was challenged in Appeal by the State being MAT 550 of 2018, which was dismissed for default on 19th June, 2025. 6. During the pendency of the appeal, the mother of the petitioners expired on 29th June, 2024. 7. By letter under Memo No.606 dated 31st July, 2025, Annexure P-8, the District Inspector of Schools (Primary Education), Purulia, respondent no.4 informed the petitioner no.1 that the office has forwarded the application for legal heir certificate of the deceased primary teacher to the competent authority for processing the family pension. It also granted liberty to the petitioner no.1 (Sahadeb Mahato) to apply directly for obtaining the legal heir certificate from the competent authority. 3 8. Admittedly, several applications were made before the District Magistrate by the petitioner no.1 seeking for legal heir certificate. It is apparent from letter dated 31st July, 2025 of respondent no.4, District Inspector of Schools (Primary Education), Purulia that in order to process the family pension, the application has been forwarded to the Competent Authority i.e. District Magistrate for issuance of legal heir certificate. It manifest that such certificate has not been issued as yet. 9. Subsequently, the petitioners on 30th January, 2026 filed the present writ petition seeking to deposit the Government’s share of Contributory Provident Fund in terms of the order passed by the learned Single Judge in WP No. 29855(W) of 2016 after demise of their mother. 10. Accordingly, the District Magistrate, Purulia, added respondent no.7 is directed to consider the application of the petitioners seeking for legal heir certificate dated 26th August, 2025 and upon enquiry and proper verification, issue the same, in accordance with law. The District Magistrate Purulia, added respondent no.7 will complete the exercise within a period of six weeks from the date of communication of this order. 11. Upon issuance of such legal heir certificate, the District Inspector of School (Primary Education), Purulia is directed to take necessary steps in terms of the direction issued by a Coordinate Bench of this Hon’ble Court in WP No.29855(W) of 2026. The relevant portion of which has already been reproduced hereinabove. The concerned District Inspector of Schools will calculate the amount within a period of six weeks from the date of receipt of the legal heir certificate 4 and the amount calculated shall be informed to the petitioners within a period of two weeks from the date of calculation. 12. Upon deposit of the amount, the District Inspector of Schools (Primary Education), Purulia, shall forward the same to the Director of Pension, Provident Fund & Group Insurance for further consequential orders. 13. Mr. Sourav Mitra, learned advocate for the petitioners submits that the petitioners are not entitled to monthly family pension, but to the arrears of pension and family pension. 14. In such backdrop, the arrears of pension and family pension shall be calculated by the respondent concerned from the date following the date of retirement of the deceased employee till the date of death of the mother of the petitioners i.e. 29th June, 2024. 15. With the above direction, the writ petition being WPA 2441 of 2026 stands disposed of. 16. The parties are directed to follow the time limit as directed in the order. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)