(Item No. 549) vs (Pk) The State Of West Bengal & Ors
2022 Latest Caselaw 4357 Cal

Court No. 13                     W.P.A. 11192 of 2022
18.07.2022

Rustam Ali (Item No. 549) VS (pk) The State of West Bengal & Ors.

Mr. A. K. Paul ... for the petitioner

Ms. Tuli Sinha ... 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 31.01.2011.

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

27.08.2014 and 09.03. 2015.

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 issued 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.

The writ petition is disposed of.

Urgent certified photo copy of this order, if applied

for, be supplied to the parties expeditiously on compliance

of usual legal formalities.

(Rajasekhar Mantha, J.)