Maya Balial & Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 3711 Cal

29.06.2022 Court No.13 Item No.380 AP WPA 24107 of 2019

Maya Balial & Anr.

Vs.

The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya) ... ... for the petitioners.

Mr. Pinaki Dhole Ms. Ananya Neogi ... ... for the State.

The issue to be decided in the present writ

petition is whether employees 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 petitioners retired from their service on

attaining the age of superannuation on 30.11.2009

and 31.01.2002 respectively.

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

19.09.2014 and 17.11.2014 respectively.

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 petitioners claim 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 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.

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

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 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.

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.)