Calcutta High Court (Appellete Side)
Fatema Molla vs The State Of West Bengal & Ors on 21 March, 2022
70
21.03.2022
s.h.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 4045 of 2022
Fatema Molla
-versus
The State of West Bengal & Ors.
Mr. Banshi Badan Maity
...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 July
31, 1999 and died on September 8, 2015.
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 September 8,
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 4045 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.)
