Amalendu Prasad Haldar vs The State Of West Bengal & Ors
2022 Latest Caselaw 402 Cal

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side

Present :- Hon'ble Justice Amrita Sinha

WPA No. 985 of 2022

Amalendu Prasad Haldar

Vs.

The State of West Bengal & Ors.

For the writ petitioner :- Mr. Sakti Pada Jana, Adv.

Mr. Sourav Mitra, Adv.

Heard on                        :-    28.01.2022

Judgment on                     :-    08.02.2022


Amrita Sinha, J.:-

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

30th June, 2011.

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 3rd September, 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 issued 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.

Affidavit of service kept with the record.

WPA 985 of 2022 is disposed of.

Urgent certified photo copy of this judgment, if applied for, be supplied to the

parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. )