Mrinal Kanti Maiti vs State Of West Bengal & Ors
2022 Latest Caselaw 3468 Cal

16.06.2022
Court No. 13
Item No. 14
  sp

               IN THE HIGH COURT AT CALCUTTA
                Constitutional Writ Jurisdiction
                       Appellate Side

                             W.P.A 350 of 2016

                           Mrinal Kanti Maiti
                                    -versus
                         State of West Bengal & Ors.


                       Mr. Tamal Taru Panda
                                     ...For the Petitioner.

                       Mr. Supriyo Chattopadhyay,
                       Mr. Suman Dey
                                      ...For the State



                Affidavit-of-service filed in Court today is taken
          on record.
                None appears on behalf of 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 31.03.2012.


                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
                         2




(S.E.),    Kolkata   -vs-   Abhijit Baidya   the   petitioner
exercised option to switch over from CPF to GPF and
claims to have refunded the employer's share of
contribution with interest and additional interest on
27.08.2014

.

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 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.

The writ petition stands 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.)