Calcutta High Court (Appellete Side)
Nanigopal Sur vs State Of West Bengal & Ors on 25 March, 2022
38
25.03.2022
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 24595 of 2017
IA No. CAN 1 of 2021
CAN 2 of 2022
Nanigopal Sur
-versus
State of West Bengal & Ors.
Mr. Ashis Kumar Paul.
...For the Petitioner.
Mr. Tapan Kumar Mukherjee,
Ms. Sangeeta Roy.
...For the State.
Re: CAN 1 of 2021
An application has been filed for substitution of
the heirs of the deceased sole writ petitioner.
The sole writ petitioner died on 25th February,
2021 leaving behind the applicants as his heirs and
legal representatives.
As it appears that the petitioner was entitled to
receive certain financial benefit, accordingly, the heirs
of the deceased are required to be substituted and are
accordingly substituted in place and instead of the
deceased sole writ petitioner for the purpose of
proceeding with the writ petition.
Accordingly, the application being IA No. CAN 1
of 2021 stands disposed of.
The original application being CAN 1 of 2021 is
not readily available in the records.
Accordingly, a copy of the same which has been
handed over by the learned advocate appearing for the
petitioner is kept with the records.
The department is directed to transmit the record
of CAN 1 of 2021 and tag the same with the present
writ petition.
Re: CAN 2 of 2022
The sole writ petitioner died during the pendency
of the writ application and his son Alok Sur and
daughter Anjana Mitra applied for being substituted.
The said application has been allowed.
During the pendency of the said application for
substitution, the son of the deceased teacher Alok Sur,
being one of the applicants, expired on 1st January,
2022 leaving behind his wife and daughter as his heirs
and legal representatives.
In the facts of the case, the widow and the
daughter of the deceased Alok Sur are required to be
substituted and are accordingly substituted in place
and instead of Alok Sur.
Accordingly, the application being CAN 2 of 2022
also stands allowed.
Re: WPA 24595 of 2017
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 teacher retired from service on attaining the
age of superannuation on 31st May, 2008 and he died
on 17th February, 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 teacher exercised
option to switch over from CPF to GPF and refunded
the employer's share of contribution with interest and
additional interest on 13.09.2014.
Pension Payment Order was issued in favour of
the deceased teacher with effect from the date of refund
of the employer's share of contribution.
The applicants claim that pension ought to have
been released on and from the next date of retirement
of the teacher 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 heirs 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
teacher 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 heirs of the deceased teacher 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.
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.
( Amrita Sinha, J.)
