Suchitra Kar (Kunti) vs The State Of West Bengal & Ors
2022 Latest Caselaw 1204 Cal

Item No.73


                         In The High Court At Calcutta
                          Constitutional Writ Jurisdiction
                                  Appellate Side

15.03.2022
  Ct-24
                               WPA 4113 of 2022
                              Suchitra Kar (Kunti)
                                        v.
                         The State of West Bengal & Ors.

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


                   Affidavit-of-service filed in Court today is taken on

             record.

                   None appears on behalf of the State respondents.

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's husband retired from service on

attaining the age of superannuation on 30.06.2006. The

employee died on 03.05.2021.

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's

husband 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

12.09.2014.

Pension Payment Order was issued in favour of

the husband 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 in favour of her husband 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.

The teacher died on 03.05.2021 and accordingly

the revised pension payment order is required to be

issued in favour of the widow 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.

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.

Sh                                           (Amrita Sinha, J.)