Shyam Sundar Basak & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 5796 Cal

23.08.2022.
Court No. 13
 Item no. 829.
    sp
                           W.P.A. No. 1074 of 2016
                        Shyam Sundar Basak & Ors.
                                    Versus
                         The State of West Bengal & Ors.

                 Mr. Washef Ali Mondal
                                                   ..For the petitioners.

                 Mr. Swapan Kr. Pal
                                                        ....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
                 31.01.2013,        01.10.2010,      31.01.2008     and
                 30.06.2009 respectively.


                       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
                          2




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 04.09.2014, 04.09.2014,
04.09.2014

and 04.09.2014.

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 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

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.

(Rajasekhar Mantha, J.)