Damayanti Sarkar vs The State Of West Bengal & Ors
2022 Latest Caselaw 2448 Cal

 Sl.300
29.04.2022

K.S.

W.P.A.7734 of 2022 Damayanti Sarkar

-Versus The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. S. Das .....For the Petitioner.

Ms. Nibedita Barui .....For the State

Affidavit-of-service filed in Court today is taken on

record.

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 31.01.2014.

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

07.08.2014.

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 8 th

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.)