C & Cr vs The State Of West Bengal & Ors
2022 Latest Caselaw 6101 Cal

30.08.2022 Item No.1228 Ct. No.13 CHC/AGM

W.P.A.13059 of 2022

Manjushri Mondal C & CR

Vs.

The State of West Bengal & ors.

Mrs. Sabita Khutia (Bhunya) ...for the petitioner

Mr. Rezaul Hossain ...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 of 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 superannuating on 30.11.2006.

In response to the notification published by the

School Education Department being No. 79-SE (L) SL

5S-56/13(Pt-V) dated13th 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- Abjijit 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 15.09.2014.

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 form 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

superannuating and to release the pension in

accordance with the Revised Pension 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 is 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.)