Rajendra Prasad Sardar vs The State Of West Bengal & Ors
2022 Latest Caselaw 4397 Cal

19.07.2022

NS Ct.13 W.P.A No. 11318 of 2022

Rajendra Prasad Sardar Vs.

The State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das ... for the petitioner.

Ms. Sudipa Roy Ms. Debdooti Dutta .. for the State.

Affidavit of service filed in Court today be kept

with the 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 petitioner's husband retired from service on

attaining the age of superannuation on 30.11.2011.

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 16 th July, 2013 in the

matter of District Inspector of Schools (S.E.), Kolkata -vs-

Abhijit Baidya. The petitioner's husband exercised option

to switch over from CPF to GPF and refunded the

employer's share of contribution with interest and

additional interest on 25.08.2014.

Pension Payment Order was issued in favour of

the petitioner's husband 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.

Accordingly, the writ petition is disposed of.

There shall be no order as to costs.

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.)