Shyam Sundar Dey vs The State Of West Bengal & Ors
2022 Latest Caselaw 6572 Cal

14.09.2022
 (D/L-23)
   Ct.-18
 (Susanta)

                                    W.P.A. 13489 of 2022

                                Shyam Sundar Dey
                                       -Vs-
                         The State of West Bengal & Ors.

               Mr. Subhrangsu Panda,
               Ms. Ina Bhattacharyya,
               Ms. Mithu Singha Mahapatra,
                                      .... For the Petitioner.


                   Affidavit-of-service       filed    by    the    learned

             advocate for the petitioner be kept with the record.

                   The petitioner's wife was an Assistant Teacher

             and     retired        from    her       said   service       on

             superannuation on March 31, 2011 and she died

             on January 21, 2022.

                   The wife 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 September 26, 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

             wife 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 her retirement.
                          2




     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

retirement of the employee concerned.

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 wife of

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 of employee

concerned 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 13489 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.)