Calcutta High Court (Appellete Side)
Nityapada Chakraborty & Ors vs The State Of West Bengal & Ors on 18 April, 2022
18.04.2022
SL No. 7
Court No. 24
(P.M)
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA 3339 of 2020
Nityapada Chakraborty & Ors.
Vs
The State of West Bengal & Ors.
Ms. Sabita Khutia (Bhunya)
... for the petitioners.
Mr. Pinaki Dhole,
Mr. Parikshit Goswami
... for the State
This petition has been filed by eight
petitioners.
It appears that all the petitioners are
retired teachers. They were appointed and
superannuated on diverse dates. They refunded
the employer's share of contribution in the
treasury office on diverse dates.
The cause of action for filing the present
writ application in respect of all the writ
petitioners is different.
Accordingly, all petitioners cannot join to
file the writ petition. The writ petition is allowed
in respect of the petitioner No. 1 Nityapada
Chakraborty and the same stands dismissed in
respect of the petitioner Nos. 2 to 8. Petitioner
Nos. 2 to 8 will be at liberty to file individual
2
writ petitions for redressal of their grievances, if
so advised.
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
30.11.2005
.
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 29.09.2014.
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 3339 of 2020 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.)
