Ulpha Tanannesa Khatun vs The State Of West Bengal & Ors
2022 Latest Caselaw 1253 Cal

16.03.2022

(P.M) WPA 4315 of 2022

Ulpha Tanannesa Khatun Vs The State of West Bengal & Ors.

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

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 husband of the petitioner retired from service

on attaining the age of superannuation on 28th February,

1999 and he died on 18th April, 2017.

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 husband of 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 04.10.2014.

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 on and from the next date of retirement of

the husband of the petitioner 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.

As the teacher died in the meantime 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 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.

WPA 4315 of 2022 is disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on completion of

usual formalities.

(Amrita Sinha, J.)