Calcutta High Court (Appellete Side)
Jharna Bera vs The State Of West Bengal & Ors on 27 September, 2022
27.09.2022
Item No.75
Court No.18
P.Jana
W.P.A. 15678 of 2022
Jharna Bera
-Vs-
The State of West Bengal & Ors.
Mr. Goutam Kumar Maity
......for the petitioner.
Ms. Kakali Naskar,
......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, on November 30, 2010, he retired from his
said service on superannuation and died on
December 01, 2018.
The petitioner is claiming that her husband 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. 15678 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.)
