Sukumar Chakraborty vs The State Of West Bengal & Ors
2022 Latest Caselaw 2012 Cal

18.04.2022

(P.M) In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side

WPA 23416 of 2019

Sukumar Chakraborty Vs The State of West Bengal & Ors.

Mr. Tapas Kumar Dey ... for the petitioner.

Mr. Sudip Sarkar ... for the State

The issue to be decided in the present writ

petition is whether an employee will be entitled to

receive pension on and from the date following

retirement or from the date of refund of the

employer's share of contribution.

The petitioner retired from service on

attaining the age of superannuation on

31.10.2013.

In response to the notification published

by the School Education Department being No.

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

2014 issued in compliance of the direction passed

by the Hon'ble Special Bench of this Court in the

judgment dated 16th July, 2013 in the matter of

District Inspector of Schools (S.E.), Kolkata -vs-

Abhijit Baidya the petitioner exercised option to

switch over from CPF to GPF and refunded the

employer's share of contribution with interest and

additional interest on 10.09.2014.

Pension Payment Order was issued in

favour of the petitioner with effect from the date

of refund of the employer's share of contribution.

The petitioner claims that pension ought

to have been released on and from the next date

of retirement and not from the date of refund of

the employer's share of contribution.

A similar issue has been decided by this

Court in the matter of WPA No. 964 of 2022

(Sitala Mandal (Chaudhuri) -vs- State of West

Bengal & Ors.).

The judgment passed in the aforesaid

matter on 8th February, 2022 will cover the

present writ petition.

Instant writ petition is disposed of by

directing the Director of Pension, Provident Fund

and Group Insurance and the concerned

Treasury Officer to verify the records, and in the

event, it is found, that the petitioner exercised

option and refunded the employer's share of

contribution within the time specified in the

notification dated 13th June, 2014, then steps

shall be taken to issue Revised Pension Payment

Order in favour of the petitioner with effect from

the date following the date of retirement on

superannuation and to release the pension in

accordance with the Revised Pension Payment

Order. Such steps shall be taken within a period

of twelve weeks from the date of communication

of a copy of this order. Payment shall positively be

released immediately upon issuance of the

Revised Pension Payment Order.

Affidavit of service kept with the record.

WPA 23416 of 2019 is disposed of.

Urgent photostat certified copy of this

order, if applied for, be given to the parties on

completion of usual formalities.

(Amrita Sinha, J.)