Krishna Chatterjee vs The State Of West Bengal & Ors

26.09.2022
 Item No.28
 Court No.18
     SK
                                W.P.A. 15700 of 2022

                                Krishna Chatterjee
                                        -Vs-
                         The State of West Bengal & Ors.

                       Mr. Tamaltaru Panda,
                                   ......for the petitioner.
                       Mr. Rezaul Hossain,
                                            ....for the State.

                      Affidavit-of-service filed by the learned advocate

               for the petitioner be kept with the record.

                      The petitioner was an Assistant Teacher and

               retired from her said service on superannuation on

               August 31, 2012.

                      The petitioner is claiming to have exercised

               option to switch over to Pension-cum-Gratuity from

               CPF-cum-Gratuity and refunded               the   employer's

               share of contribution with interest and additional

               interest within the time limited by the notification of

               the Government of West Bengal bearing No. 749-

               SE(L)/SL/5S-56/13(Pt-V) dated June 13, 2014.

                      The grievance of the petitioner is that the

               Pension Payment Order was issued with effect from

               the date of the aforesaid refund, instead from the

               date    following   the   date   of   her   retirement   on

               superannuation.

                      The petitioner by the instant writ petition is

               praying for issuance of a writ              of    mandamus

               commanding the respondents to release the arrear

pension from the date following such date of retirement.

Learned advocate for the State-respondents does not oppose the prayer of petitioner.

In view of the judgment of the Special Bench of this Court in the case of DISTRICT INSPECTOR OF SCHOOLS(SE), KOLKATA vs. ABHIJIT BAIDYA reported in 2013(3) CHN (CAL) 711 and in view of subsequent clarification of some of the paragraphs of the said judgment by the Special Bench in its order dated September 30, 2019 on G.A. 464 of 2018, the issue is no longer res integra.

The petitioner is entitled to the arrear pension, as prayed for. The concerned District Inspector of School (SE) is directed to verify the records expeditiously to ascertain as to whether the petitioner had exercised the said option and refunded the employer's share of contribution within the time limited by the aforesaid notification dated June 13, 2014.

In the event, it is found that the said option was so exercised, the said authority shall process the claim of the petitioner for arrears of pension and shall forward the necessary recommendation and/or sanction to the Director of Pension, Provident Fund and Group Insurance, who, in turn, shall take steps to issue Revised Pension Payment Order in favour of the petitioner with effect from the date following the date of her retirement on superannuation and the concerned Treasury Officer, thereafter shall release the pension in accordance with the Revised Pension Payment Order.

Entire exercise in this regard is required to be completed within a period of twelve weeks from the date of communication of this order.

W.P.A. 15700 of 2022 stands disposed of with the above directions. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)