Calcutta High Court (Appellete Side)
Ram Prasad Mukherjee vs The State Of West Bengal & Ors on 17 May, 2022
S/L 11
17.5.2022
Court No.24
SD
WPA 21933 of 2017
With
CAN 2 of 2021
Ram Prasad Mukherjee
Vs.
The State of West Bengal & Ors.
Mr. Joytosh Majumdar
Mr. Sougata Mitra
Ms. Ankita Dey
Mr. Swagatam Deb
... for the Petitioner.
Mr. Biswabrata Basu Mallick
Mr. Sanjib Das
... for the State.
The petitioner is a retired primary school teacher.
While he was in service, he was implicated in a criminal case
and placed under suspension. While the petitioner was
under suspension, he retired from service in the year 2017.
The learned Judge, Special Court-cum-Additional District
and Sessions Judge, Durgapur by an order dated January 10,
2018 acquitted the petitioner from the criminal case and
discharged him from the bail bond.
The Chairman, District Primary School Council,
Burdwan by an Office Memorandum dated December 17,
2019 withdrew the suspension order and directed the Sub-
Inspector of Schools to draw the arrear salary bill of the
petitioner.
The petitioner submits that while he was under
suspension, he submitted his format for option before the
Sub-Inspector of Schools, Kanksa-I Circle on September 1,
2
2014 in accordance with the judgment passed by the Hon'ble
Larger Bench, High Court in APO No.94 of 2009 (State of
West Bengal & Ors. vs. Abhijit Baidya & Ors.). The said
option form was forwarded by the Sub-Inspector of Schools
to the District Inspector of Schools (P.E.) by a memo dated
September 1, 2014 and a copy of the application along with
two sets of option forms of the petitioner praying for
deposition of the employer's share of contribution for the
purpose of switching over from the CPF scheme to the
pension including the family pension-cum-gratuity scheme
was forwarded to the Chairman, District Primary School
Council, Burdwan.
The grievance of the petitioner is that after his
retirement the amount on account of contributory provident
fund has been credited in his account and he has not been
intimated till date the amount which he is supposed to
refund on account of the employer's share of contribution.
The petitioner submits that the Chairman, District
Primary School Council, Burdwan by a cryptic order dated
August 31, 2015 intimated the Sub-Inspector of Schools,
Kanksa Circle that the prayer of the petitioner for converting
from CPF to GPF scheme cannot be considered now as per
the Court's directive. The reason as to why the prayer for
conversion cannot be allowed, is not disclosed in the said
communication.
As it appears from the documents annexed to the writ
petition that the petitioner submitted his option form within
3
the time as specified by the Hon'ble Larger Bench and as per
the notification published by the School Education
Department, Law Branch on June 13, 2014, accordingly, the
respondent authorities were bound to verify the statement
showing the amount of employer's share of contribution of
CPF with interest and additional interest up to the date of
exercising the option within 15 days from the date of receipt
of the same.
The head of the institution was required to return the
original statement verified and duly checked to the employee
for depositing the amount specified on account of the
employer's share of CPF with interest and additional interest
to the Government treasury.
In the present case, though the petitioner submitted
his option within the due date but the respondent authorities
did not take steps to intimate the petitioner the quantum of
the amount which the petitioner is required to refund on
account of CPF with interest and additional interest. It was
the laches on the part of the respondent for which the
petitioner was not in a position to refund the amount in
terms of the order passed by the Hon'ble Larger Bench.
As such, the rejection of the prayer of the petitioner by
the Chairman, District Primary School Council for converting
from CPF to GPF scheme is absolutely bad in law and liable
to be set aside. The petitioner has long retired from service.
He is entitled to get the benefit of the order passed by the
Hon'ble Larger Bench as the petitioner complied with the
direction passed in the said order.
In view of the above, the instant writ petition is
disposed of by directing the District Inspector of Schools
(P.E.) to intimate the petitioner the amount that he is
supposed to refund on account of CPF along with interest
and additional interest till the date of submission of option.
The amount shall be intimated to the petitioner at the
earliest but positively within a period of four weeks from the
date of communication of this order.
On refund of the aforesaid amount, the District
Inspector of Schools shall take necessary steps to convert the
petitioner to the GPF scheme and take steps for disbursing
the dues in his favour at the earliest.
The impugned communication dated August 31, 2015
passed by the Chairman, District Primary School Council,
Burdwan is set aside and quashed.
The petitioner retired from service in January 2017.
He will be entitled to get his pension and other benefits on
and from the date of his retirement. As the terminal benefit
was not paid to him in proper time the petitioner will also be
entitled to interest at the rate of 5% PA on and from the date
of his acquittal in the criminal case till the date of actual
payment of the pensionary benefits in his favour.
The writ petition and the connected application stand
disposed of.
Urgent certified photocopy of this order, if applied for,
be given to the parties, upon compliance of all formalities, on
priority basis.
(Amrita Sinha, J.)
