Calcutta High Court (Appellete Side)
Jagattarini Mishra (Panda) & Ors vs State Of West Bengal & Ors on 19 April, 2022
19.04.2022
Court No. 24
(Item No. 17)
A.B.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 3338 of 2020
Jagattarini Mishra (Panda) & Ors.
-versus
State of West Bengal & Ors.
Mrs. Sabita Khutia (Bhunya )
...For the Petitioner.
Mr. Pinaki Bhattacharyya
...For the State.
Affidavit-of-service filed in Court today is taken
on record.
The present writ petition has been filed by three
petitioners all of whom are retired Primary School
Teachers. Their date of appointment, date of
superannuation and the date of refund of the
employer's share of contribution are different. It
appears that the cause of action for filing the present
writ petition of the petitioners is different and
accordingly all of them cannot join to file the present
writ application.
Learned advocate appearing for the petitioner
submits that all documents with relation to the
petitioner No. 2 are available on record.
2
Accordingly, the writ petition is considered only
in respect of the petitioner No. 2 and the same is
dismissed in respect of the petitioner Nos. 1 and 3. The
petitioner Nos. 1 and 3 will however be entitled to file
individual 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 31.07.1997.
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
claims to have refunded the employer's share of
contribution with interest and additional interest on
20.11.2014
.
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.
The writ petition stands disposed of.
Urgent certified photo copy of this order, if applied
for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
( Amrita Sinha, J.)
