Bhabani Prasad Roy & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 6382 Cal

08.09.2022
 (D/L-92)
   Ct.-18
 (Susanta)

                                   W.P.A. 16386 of 2022

                               Bhabani Prasad Roy & Ors.
                                           -Vs-
                             The State of West Bengal & Ors.

                 Mr. Sourav Mitra,
                 Ms. Sreyasree Choudhury,
                                     .... For the Petitioners.

                 Mr. Sujal Kumar Pandit
                                                   .... For the State.

                 Affidavit of service filed by the learned

             advocate for the petitioner be kept with the

             record.

                 The petitioner's brother was an Assistant

             Teacher     and    retired    from    his   service   on

             superannuation on February 28, 2006.

                 The petitioner's brother exercised option to

             switch over to Pension-cum-Gratuity from CPF-

             cum-Gratuity by refunding the employer's share

             of contribution with interest and additional

             interest on August 22, 2014 i.e. 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 in favour of

             the petitioner with effect from the date of the

             refund     of   the    said   employer's     share    of
                               2




contribution, instead from the date following the

date of his retirement.

     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 the date of

his retirement.

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 whether the petitioner is entitled to pension

from the date following the date of his retirement

or from the date of the refund of the employer's

share of contribution is no longer res integra.

Therefore, the petitioner is entitled to the

arrear pension, as prayed for and in consequence

thereof, the concerned District Inspector of

School(SE) is directed to verify the records

expeditiously to ascertain as to whether the

petitioner had exercised the said option and

refunded the employer's share of contribution

within the time limited by the aforesaid

notification dated 13th June, 2014.

In the event, it is found that the said option

has been exercised within the said time, 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 and the concerned Treasury

Officer, 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 his retirement on superannuation and

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 16386 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.)