Golam Mostafa vs The State Of West Bengal & Ors
2022 Latest Caselaw 685 Cal

18.02.2022
 SL No. 41
Court No. 24
   (P.M)
                                 WPA 3062 of 2016

                              Golam Mostafa
                                      Vs
                        The State of West Bengal & Ors.
                            (Via Video Conference)
                                 Mr. Subhrangsu Panda,
                                 Ms. Ina Bhattacharya,
                                 Ms. Mithu Singha Mahapatra.
                                               ... for the petitioner.

                                  Mr. Prasanta Kr. Giri
                                                      ... for the State



                        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 30.11.2004.

                        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
                 2




contribution with interest and additional interest on

12.09.2014

.

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 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 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.

Affidavit of service kept with the record.

WPA 3062 of 2016 is disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on completion of

usual formalities.

(Amrita Sinha, J.)