Samsun Nahar vs State Of West Bengal & Ors
2022 Latest Caselaw 1602 Cal

 29.03.2022
Court No. 24
(Item No. 81)
   A.B.

                 IN THE HIGH COURT AT CALCUTTA
                  Constitutional Writ Jurisdiction
                         Appellate Side

                                 W.P.A 4660 of 2022

                                   Samsun Nahar
                                       -versus
                            State of West Bengal & Ors.


                         Mr. Banshi Badan Maity
                                       ...For the Petitioner.
                         Mr. Tapan Kumar Ray
                                             ... for the State



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


                     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 retired from service on attaining
           the age of superannuation on 30.09.2004.


                     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
                      2




claims to have refunded the employer's share of
contribution with interest and additional interest on
16.09.2014

.

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 petitioner claims 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 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.

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 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.

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.)