21.09.2023
Item No.11
Court No.18
AJ.
W.P.A. 21538 of 2023
Nandita Ghatak Banerjee
-Vs-
The State of West Bengal & Ors.
Mr. Sakti Pada Jana,
Mr. Subhajyoti Das.
......for the petitioner.
Mr. Chittaranjan Ghosh.
......for the State.
Affidavit-of-service filed by the learned
advocate for the petitioner be kept with the
record.
The petitioner was an approved Assistant
Teacher of a secondary school and retired from
her said service on superannuation on
December 31, 2008.
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
2
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 Counsel for the State respondents does not oppose the prayer of the 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 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 3 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. 21538 of 2023 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.)