Calcutta High Court (Appellete Side)
Sk. Idris Mohammad vs State Of West Bengal & Ors on 25 February, 2022
08
25.02.2022
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 20312 of 2015
(Via Video Conference)
Sk. Idris Mohammad
-versus
State of West Bengal & Ors.
Mr. Subhrangsu Panda,
Ms. Ina Bhattacharya,
Ms. Mithu Singha Mahaparta.
...For the Petitioner.
Mr. Tapan Kumar Mukherjee,
Ms. Tuli Sinha.
...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 following
retirement or from the date of refund of the employer's
share of contribution.
The husband of the petitioner No.1 and father o
the petitioner no. 2 retired from service on attaining the
age of superannuation on 29th February, 2000 and he
died on 5th October, 2021.
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 teacher exercised
option to switch over from CPF to GPF and refunded
the employer's share of contribution with interest and
additional interest on 21st October, 2014.
Pension Payment Order was issued in favour of
the teacher with effect from the date of refund of the
employer's share of contribution.
The applicants claim 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
teacher 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 heirs of the deceased teacher 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.
The writ petition 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.
( Amrita Sinha, J.)
