Anindya Sundar Nandi Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 4902 Cal

29.07.2022.

Item no. 551.

sp W.P.A. No. 11916 of 2022

Anindya Sundar Nandi Anr.

Versus The State of West Bengal & Ors.

Mr. Ashis Kumar Paul ..For the petitioners.

Mr. Kapil Guha ...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 father of the petitioners retired from

service on attaining the age of superannuation

on 31.01.2011 and died on 22.01.2019.

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 father of the

petitioners 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 and 13.02.2015.

Pension Payment Order was issued in

favour of the father of the petitioners with effect

from the date of refund of the employer's share

of contribution.

The petitioners claim that pension ought

to have been released on and from the next date

of retirement of the father of the petitioners 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.

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 father of the

petitioners 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

petitioners with effect from the date following the

date of retirement their father 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.)