Prasanna Chandra Sarkar vs The State Of West Bengal & Ors
2022 Latest Caselaw 856 Cal

25.02.2022

(P.M) WPA 2533 of 2022

Prasanna Chandra Sarkar Vs The State of West Bengal & Ors.

(Via Video Conference) Mr. Sakti Pada Jana Mr. Subhajyoti Das ... for the petitioner.

Mr. Kapil Guha ... 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 31.03.2010.

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 09.09.2014.

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 2533 of 2022 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.)