Shyamal Mukherjee vs The State Of West Bengal & Ors
2022 Latest Caselaw 3604 Cal

27.06.2022
Court No.13
Item No.317
AP
                                WPA 30394 of 2015

                                 Shyamal Mukherjee
                                         Vs.
                           The State of West Bengal & Ors.


                Mr. Ashis Kumar Paul
                                                  ... ... for the petitioner


                     None     appears     on     behalf    of    the        State

              respondent.

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 30.11.2012.

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 (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 12.09.2014 and 08.01.2015.

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.

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.

Affidavit of service kept with the record.

Accordingly, the writ petition is disposed of.

Urgent photostat certified copy of this

order, if applied for, be given to the parties on

completion of usual formalities.

(Rajasekhar Mantha, J.)