Kshitindra Nath Patra & Ors vs State Of West Bengal & Ors
2022 Latest Caselaw 815 Cal

24.02.2022

ss W.P.A. 2401 of 2022

Kshitindra Nath Patra & ors.

Vs.

State of West Bengal & ors.

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

Mr. Anirban Roy, Ld. G.P.

Mr. Raja Saha Mr. Biswabrata Basu Mallick ... for the State

Affidavit of service filed in Court be kept with the

record.

The writ petition has been filed by three petitioners

by depositing only one court fees.

I am of the opinion that all the three persons' cause

of action cannot be adjudicated in the same writ petition.

In view of the above, the order passed herein is

restricted in respect of the petitioner no.1 and the writ

petition is dismissed in respect of petitioner nos.2 and 3.

However, dismissal of the writ petition will not

stand in their way to approach this Court independently.

The grievance of the petitioner is that though he

refunded the employer's share of contribution in terms of

the notification published by the Government of West

Bengal on 13th June, 2014 the pension was released in

his favour on and from the date of refund of the

employer's share of contribution.

The petitioner submits that he is entitled to receive

pension on and from the date following his retirement.

The issue in the writ petition has been decided by

this Court in the matter of W.P.A. No.964 of 2022 (Sitala

Mandal (Chaudhury) Vs. State of West Bengal & ors.

The judgment passed in the aforesaid matter on 8th

February, 2022 will cover the present writ petition.

The 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.

W.P.A. 2401 of 2022 stands 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.)