Bimal Kanti Basu vs The State Of West Bengal & Ors
2022 Latest Caselaw 2447 Cal

 Sl.301
29.04.2022

K.S.

W.P.A.7748 of 2022 Bimal Kanti Basu

-Versus The State of West Bengal & Ors.

None appears on behalf of the petitioner.

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 wife of the petitioner retired from service on

attaining the age of superannuation on 31.10.2000 and he died

on 23.06.2019.

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 wife 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 10.09.2014.

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 8 th

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 husband 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 wife 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 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.)