Manika Das vs The State Of West Bengal & Ors
2023 Latest Caselaw 2325 Cal

05.04.2023
 Item No.89
Court No.18
     AJ.
                               W.P.A. 6565 of 2023
                                  Manika Das
                                       -Vs-
                         The State of West Bengal & Ors.

                         Mr. Keshab Chandra Das,
                         Ms. Aparajita Mandal.
                                       ......for the petitioner.

                     Affidavit-of-service   filed    by    the   learned

              advocate for the petitioner be kept with the

              record.

                     None    appears   on    behalf       of   the    State

              respondents in spite of service.

The petitioner was an Assistant Teacher of

a secondary school and retired from her said

service on superannuation on April 30, 2010.

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 her

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.

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 her 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. 6565 of 2023 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.)