Angurbala Mishra vs The State Of West Bengal & Ors
2022 Latest Caselaw 6517 Cal

13.09.2022
Item No.47
Court No.18
  P. Jana
                                 W.P.A. 15734 of 2022
                                      Angurbala Mishra
                                           -Vs-
                             The State of West Bengal & Ors.
                       Mr. Subhrangsu Panda,
                       Ms. Ina Bhattacharyya,
                                   ......for the petitioner.
                       Mr. Pinaki Dhole,
                       Mr. Pinaki Bhattacharya, ... 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 February 28, 2005 and he died on

              July 15, 2018.

                      The husband of the petitioner 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 29, 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 husband of the

              petitioner with effect from the date of the refund of the

              said employer's share of 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 her 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 15734 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.)