Minati Mahanta vs The State Of West Bengal & Ors
2022 Latest Caselaw 857 Cal

25.02.2022

(P.M) WPA 2535 of 2022

Minati Mahanta Vs The State of West Bengal & Ors.

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

Md. Mansoor Alam ... 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 husband of the petitioner retired from service

on attaining the age of superannuation on 31.03.2007.

He died on 13.03.2020.

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 30.08.2014.

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 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

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 heir(s) 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.

Affidavit of service kept with the record.

WPA 2535 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.)