Extracted from the PDF above. The PDF is authoritative.
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08.09. 2026
Ct. No. 18
Ab
WPA 3931 of 2026
Archana Banerjee Vs. The State of West Bengal and others. ---------------
Ms. Debjani Sahu. … for the petitioner.
Dr. Siddhartha Goswami, Mr. Vaibhav Prakash. … for the State.
1. This matter has appeared in the list after recalling of the earlier order, which was passed at the instance of the petitioner.
2. Ms. Sahu, learned Advocate appearing for the petitioner, has indicated in the recalling application that certain incorrect particulars have been furnished by her, inadvertently on account whereof the order of April 21, 2026 has been passed.
3. The order has subsequently been recalled on September 3, 2026.
4. It appears that the petitioner had also taken steps to pursue the reliefs granted in the order of April 21,
2026.
5. At this belated stage, the petitioner has realized that the order was passed on the basis of certain incorrect and erroneous facts presented by the petitioner.
6. The husband of the petitioner was a teacher in a
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secondary school who retired from service on February 29, 2008 and expired on December 22,
2010.
7. The State Government published the Government
Order No.749-SE(L)/55-56/13 (Pt.V) on 13th June 2014 pursuant to which the teachers had the option to join GPF scheme upon refund of the employer's share of provident fund.
8. As the husband of the petitioner expired prior to the publication of the said State Government Order, he could not avail the said benefit. The petitioner, being the widow, intends to avail the benefit of the aforesaid Government Order.
9. The Court in similar circumstances permitted the widows of the deceased teachers to exercise option in terms of the said Government Order.
10. Reliance has been placed on the order dated 06.03.2024 passed by a Coordinate Bench in WPA/3480/2024 (Manjushri Mondal Vs. The State of West Bengal & Ors.).
11. Reliance has also been placed on the order passed by the Hon'ble Division Bench on 24.08.2023 in FMA/620/2018 (State of West Bengal & Ors. Vs. Sefali Jana & Ors.).
12. In line with above decisions, I direct the concerned District Inspector of Schools (SE), to process the application filed by the petitioner as expeditiously as
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possible.
13. 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.
14. Upon the petitioner complying with 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.
15. The arrear of pension and family pension from the date of retirement of the deceased employee shall be released to the petitioner within two months from the date of issuance of the Pension Payment Order.
16. With the afore-stated directions, the writ petition is
disposed of. No order as to costs.
17. Urgent Photostat Certified Copy of this order, if applied for, be made available to the petitioner upon compliance with requisite formalities.
(Reetobroto Kumar Mitra, J.)
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