Calcutta High Court (Appellete Side)
Radhasyam Bir vs The State Of West Bengal And Ors on 17 August, 2022
17.08.2022
Court No.13
Item No.700
AP
WPA 12433 of 2022
Radhasyam Bir
Vs.
The State of West Bengal and Ors.
Mr. Banshi Badan Maity
... For the Petitioner.
Mr. Md. Mansoor Alam
... 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 29.02.2004.
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 16.09.2014.
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.
For the aforesaid purpose, the DI of Schools
concerned shall process the claim for arrears of
pension and make/forward a necessary
recommendation/sanction to the DPPG expeditiously.
The DPPG in turn shall act based on such
recommendation/sanction.
Accordingly, the writ petition is disposed of.
Urgent certified photo copy of this order, if
applied for, be supplied to the parties expeditiously
on compliance of usual legal formalities.
(Rajasekhar Mantha, J.)
