Calcutta High Court (Appellete Side)
(Item No. 48) vs (Sh) The State Of West Bengal & Ors on 20 April, 2022
Court No. 24 W.P.A. 5028 of 2022
20.04.2022
Mira Sadhukhan (Das)
(Item No. 48)
VS
(SH) The State of West Bengal & Ors.
Mr. Sakti Pada Jana
Mr. S. Das
... for the petitioner.
Mr. Naba Kumar Das
Mr. Subhabrata Das
... 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 husband of the petitioner retired from service
on attaining the age of superannuation on 30.06.2005 and
died on 14.12.2020
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 husband of 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 12.09.2014.
Pension Payment Order was issued in favour of the
husband 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 of
the husband of the petitioner 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.
As the teacher died in the meantime, accordingly,
the revised pension payment order is required to be issued
in favour of the heir of the deceased employee.
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 husband of 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 of her husband 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.
The writ petition stands disposed of.
Urgent certified photo copy of this judgment, if
applied for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
(Amrita Sinha, J.)
