Calcutta High Court (Appellete Side)
Sk. Anamul Sanowar & Anr vs State Of West Bengal & Ors on 13 May, 2022
122
13.05.2022
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 7888 of 2022
Sk. Anamul Sanowar & Anr.
-versus
State of West Bengal & Ors.
Mr. Banshi Badan Maity.
...For the Petitioners.
Ms. Tapati Samanta.
...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 mother of the petitioners retired from service
on attaining the age of superannuation on 30.06.2011
and she died on 05.05.2018.
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 16 th
July, 2013 in the matter of District Inspector of Schools
(S.E.), Kolkata -vs- Abhijit Baidya the mother of the
petitioners exercised option to switch over from CPF to
GPF and refunded the employer's share of contribution
with interest and additional interest on 02.09.2014.
Pension Payment Order was issued in favour of
the mother of the petitioners with effect from the date of
refund of the employer's share of contribution.
The petitioners claim that pension ought to have
been released on and from the next date of retirement
of the mother of the petitioners 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 sons 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
mother of the petitioners exercised option and refunded
the employer's share of contribution within the time
specified in the notification dated 13 th June, 2014, then
steps shall be taken to issue Revised Pension Payment
Order in favour of the petitioners 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.)
