Calcutta High Court (Appellete Side)
Chanchal Kumar Sarkar & Ors vs The State Of West Bengal & Ors on 24 August, 2022
24.08.2022.
Court No. 13
Item no. 644.
sp
W.P.A. No. 16553 of 2015
With
CAN 1 of 2016
Chanchal Kumar Sarkar & Ors.
Versus
The State of West Bengal & Ors.
Mr. Washef Ali Mondal,
Mr. Syed Nazmul Hossain
..For the petitioners.
Mr. Milan Kumar Maity
....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 petitioners retired from service on
attaining the age of superannuation on
31.03.2007, 30.04.1999, 30.09.2008,
30.09.1999 and 31.12.2007 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
2
the matter of District Inspector of Schools (S.E.),
Kolkata -vs- Abhijit Baidya the petitioners
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 31.07.2014, 04.08.2014,
19.08.2014
, 04.07.2014 and 04.08.2014
respectively.
Pension Payment Order was issued in
favour of the petitioners with effect from the
date of refund of the employer's share of
contribution.
The petitioners claim 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 petitioners 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 petitioners 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.
In view of the above, connected
application shall also 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.)
