Shyam Sundar Konar vs The State Of West Bengal & Ors
2022 Latest Caselaw 6921 Cal

26.09.2022
Item No.79
Court No.18
    AJ.                       W.P.A. 17867 of 2022
                            Shyam Sundar Konar
                                       -Vs-
                        The State of West Bengal & Ors.

                     Mr. Banshi Badan Maity.
                                 ......for the petitioner.
                     Ms. Barnali Sarkar.
                                 ......for the State.

                   Affidavit-of-service filed by the learned advocate

              for the petitioner be kept with the record.

                   The wife of the petitioner was an approved

              Assistant Teacher of a secondary school.            On

              February 28, 2014, she retired from her said service

              on superannuation and died on September 02, 2020.

                   The petitioner is claiming that his wife 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.

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

such date of retirement of the concerned employee

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. 17867 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.)