Calcutta High Court (Appellete Side)
Biswanath Mandal vs The State Of West Bengal & Ors on 29 September, 2022
29.09.2022
(D/L-12)
Ct.-18
(Susanta)
W.P.A. 17018 of 2022
Biswanath Mandal
-Vs-
The State of West Bengal & Ors.
Ms. Sabita Khutia (Bhunya),
Mr. Krishna Pada Santra,
.... For the Petitioner.
Mr. Pinaki Dhole,
Mr. Pinaki Bhattacharyya,
.... For the State.
Affidavit-of-service filed by the learned advocate
for the petitioner be kept with the record.
The petitioner was a Teacher and retired from
his said service on superannuation on May 31, 2002.
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. 17018 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.)
