Shebani Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 7454 Cal

10.11.2022
Item No.65
Court No.18
    AJ.
                                W.P.A. 14909 of 2022

                                   Shebani Das
                                        -Vs-
                         The State of West Bengal & Ors.

                        Mr. Sakti Pada Jana,
                        Mr. Subhajyoti Das.
                                           ......for the petitioner.
                        Mr. Samsul Kabir Humayan Reza.
                                           ......for the State.


                   Affidavit-of-service filed by the learned advocate

              for the petitioner be kept with the record.

                   The husband of the petitioner was an Assistant

              Teacher and retired from his said service on

              superannuation on August 31, 2008 and died on

              November 28, 2020.

                   The petitioner is claiming that her husband had

              exercised option to switch over to Pension-cum-

              Gratuity from CPF-cum-Gratuity and refunded the

              employer's share of contribution with interest and

              additional interest within the time limited by the

              notification of the Government of West Bengal

              bearing     No.   749-SE(L)/SL/5S-56/13(Pt-V)      dated

              June 13, 2014.

                   The grievance of the petitioner is that the

              Pension Payment Order was issued with effect from

              the date of the aforesaid refund, instead from the

              date following the date of retirement of the employee

              concerned on superannuation.

                   The petitioner by the instant writ petition is

              praying for issuance of          a writ   of   mandamus

              commanding the respondents to release the arrear

pension from the date following such date of

retirement.

The learned Advocate for the State respondents

does not oppose the prayer of the petitioner.

In view of the judgment of the Special Bench of

this Court in the case of DISTRICT INSPECTOR OF

SCHOOLS(SE), KOLKATA vs. ABHIJIT BAIDYA

reported in 2013(3) CHN (CAL) 711 and in view of

subsequent clarification of some of the paragraphs of

the said judgment by the Special Bench in its order

dated September 30, 2019 on G.A. 464 of 2018,

the issue is no longer res integra.

The petitioner is entitled to the arrear pension,

as prayed for. The concerned District Inspector of

School (SE) is directed to verify the records

expeditiously to ascertain as to whether the employee

concerned had exercised the said option and

refunded the employer's share of contribution within

the time limited by the aforesaid notification dated

June 13, 2014.

In the event, it is found that the said option was

so exercised, the said authority shall process the

claim of the petitioner for arrears of pension and

shall forward the necessary recommendation and/or

sanction to the Director of Pension, Provident Fund

and Group Insurance, who, in turn, shall take steps

to issue Revised Pension Payment Order in favour of

the petitioner with effect from the date following the

date of retirement employee concerned on

superannuation and the concerned Treasury Officer,

thereafter shall release the pension in accordance

with the Revised Pension Payment Order.

Entire exercise in this regard is required to be

completed within a period of twelve weeks from the

date of communication of this order.

W.P.A. 14909 of 2022 stands disposed of with

the above directions. There shall be no order as to

costs.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)