Smt. Manjushree Mondal vs State Of West Bengal And Ors
2022 Latest Caselaw 4503 Cal

20.07.2022 Court No.13 Item No.492 AP

WPA 11459 of 2022

Smt. Manjushree Mondal Vs.

State of West Bengal and Ors.

Mr. Ashis Kumar Paul ... For the Petitioner.

Mr. Susanta Pal Ms. Ananda Dulal Sarkar ... For the State.

Affidavit of service filed in Court today is

taken on 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 husband of the petitioner retired from

service on attaining the age of superannuation on

31.12.2006 and died on 12.02.2020.

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 petitioner exercised option to

switch over from CPF to GPF and refunded the

employer's share of contribution with interest and

additional interest on 08.05.2015.

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 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.

As the teacher died in the meantime,

accordingly, the revised pension payment order is

required to be issued in favour of the heir of the

deceased employee.

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 husband of 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 of her husband 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.

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.)