Noton Chandra Sarkar vs State Of West Bengal & Ors
2022 Latest Caselaw 2676 Cal

   39
10.05.2022
   S.H.


                             In The High Court At Calcutta
                            Constitutional Writ Jurisdiction
                                    Appellate Side


                                  W.P.A 6160 of 2022

                                   Noton Chandra Sarkar
                                         -versus
                              State of West Bengal & Ors.


                           Ms. Sima Ghosh
                                     ...For the Petitioner.


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


                       None appears on behalf of the State respondents

despite service.

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 30.06.2012.

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

claims to have refunded the employer's share of contribution with interest and additional interest on 25.11.2014.

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.)