Swapan Kumar Samanta vs The State Of West Bengal & Ors
2022 Latest Caselaw 6876 Cal

23.09.2022
 Item No.200
 Court No.18
     SK
                                   W.P.A. 15405 of 2022

                           Swapan Kumar Samanta
                                        -Vs-
                       The State of West Bengal & Ors.

                       Mrs. Sabita Khutia (Bhunya)
                                   ......for the petitioner.
                       Ms. Tanusri Chanda
                                     ... for the State.

                      Affidavit-of-service filed by the learned advocate

               for the petitioner be kept with the record.

                      The petitioner was an Assistant Teacher and

               retired from his said service on superannuation on

               May 31, 2014.

                      The petitioner is claiming to have 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   his    retirement   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.

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

petitioner 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 his retirement 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. 15405 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.)