C&Cr vs The State Of West Bengal & Ors
2022 Latest Caselaw 4501 Cal

20.07.2022
Item No.458
Ct. No.13
CHC


                              W.P.A.11383 of 2022

                             Ruby Guha (Sarkar)
                                         C&CR




                                      Vs.
                        The State of West Bengal & ors.


                Ms. Sreyasree Choudhury
                                 ...for the petitioner

                Mr. Milan Kumar Maity
                                ...for the State



                Affidavit of service 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 retired from service on attaining the

              age of superannuation on 31.7.2009.

                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
                    2




CPH to GPF and refunded the employer's share of

contribution with interest and additional interest on

25.9.2014

.

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 judgement 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 13 th 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 o

superannuation and re 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 instant 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.)