Calcutta High Court (Appellete Side)
Rajrani Jana vs The State Of West Bengal & Ors on 31 August, 2022
31.08.2022
SL No. 10
Court No. 13
ap
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. 19921 of 2022
Rajrani Jana
Vs
The State of West Bengal & Ors.
Mr. Sakti Pada Jana,
Mr. Subhajyoti Das.
... for the petitioner.
Mr. Tapan Kumar Mukherjee,
Mr. Somnath Naskar.
...for the State.
Affidavit of service filed in Court today be kept
with the 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 31.01.2002.
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 16 th
July, 2013 in the matter of District Inspector of Schools
2
(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 11.08.2014.
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 employee died on
27.02.2015
.
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.
The teacher died on 27.02.20215 and accordingly
the revised pension payment order is required to be
issued in favour of the widow of the deceased employee.
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 eight
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.
Counsel for the State submits that the review
petition has been filed before the three Judges' Bench as
regards the decision in the case of State of West Bengal
& Ors. - Vs. - Md. Abdul Ghani & Ors. The matter is
since pending as R.V.W.O. No. 5 of 2022.
The above decision is subject to any decision in
the said R.V.W.O. No. 5 of 2022.
The instant writ petition is disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on completion of
usual formalities.
(Rajasekhar Mantha, J.)
