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2026 DAILYLAW 48593 (CAL)

ANITA CHAKRABORTY v. STATE OF WEST BENGAL AND ORS.

WPA/11615/2026 · 2026-09-29

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.09.2026 Item No.49 (DL) Court No.14 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 11615 of 2026 Anita Chakraborty -Vs- The State of West & Ors. Mr. Tulsi Das Maiti. …for the petitioners. Mr. B.K. Singh, Mr. Barun Ghosh. …for the State. 1. Affidavit of service filed by the petitioner is taken on record. 2. Report filed by the State furnished by the District Inspector of Schools (P.E.), Howrah dated 16th June, 2026 is taken on record. 3. By the present writ petition, the petitioner seeks direction upon the respondent authorities to modify the order passed by the respondent no.3, the Director of Pension, Provident Fund and Group Insurance, West Bengal by granting family pension on and from the date following the date of death of the husband of the petitioner i.e. from 24th May, 1997. 4. The petitioner contends that her husband Late Santi Prokash Chakraborty was appointed as an Assistant Teacher in Baagachi Mithakundu Primary School. Subsequent thereto, he was promoted as Head Teacher of the 2 said school. The husband of the petitioner died- in-harness on 23rd May, 1997. 5. The petitioner applied for conversion from Contributory Provident Fund to General Provident Fund before the authority concerned. However, since such prayer was not considered the petitioner filed a writ petition being WPA 27493 of 2023. The said writ petition was disposed of directing the Director of Pension, Provident Fund and Group Insurance to consider the representation of the petitioner in accordance with law. Though the petitioner was permitted to deposit the employer’s share of Contributory Provident Fund with interest and additional interest but the pension was given effect from the date of deposit of the aforesaid amount and not from the date following the date of death of the husband of the petitioner. Being aggrieved by such action of the respondent authority, the petitioner has preferred the present writ petition. 6. Mr. Tulsi Das Maiti, learned Advocate appearing for the petitioner submits that it is no more res integra that the entitlement of family pension of the widow ought to be from the date following the date of death of the concerned employee. He seeks for appropriate direction for modification of the date of effect of the family pension in the pension payment order. 3 7. Learned Advocate for the State respondents in his usual fairness submits that the pension ought to have been given effect from the date of following the date of death of the concerned employee. 8. In view of the submissions advanced, the respondent no.3, the Director of Pension, Provident Fund and Group Insurance is directed to issue a revised pension payment order giving effect of the family pension from the date following the date of death of the husband of the petitioner. Such exercise shall be completed within a period of six weeks from the date of communication of this order. 9. Consequential orders be passed by the respondent authorities concerned. 10. Learned Advocate for the petitioner is directed to communicate this order to the respondent no.4, the District Inspector of Schools (PE), Howrah, for necessary compliance. 11. In view of the above, the writ petition being WPA 11615 of 2026 stands disposed of. 12. There shall be no order as to costs. 13. All connected applications, if any, stands disposed of. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 4 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Bivas Pattanayak, J.)