Calcutta High Court (Appellete Side)
Puspa Mandal vs The State Of West Bengal & Ors on 17 April, 2023
06 17.04.2023
Ct.15
W.P.A. 21418 of 2019
rkd
Puspa Mandal
-vs-
The State of West Bengal & Ors.
Syed Shamsul Arefin
....for the petitioner.
Affidavit-of-service filed by the petitioner is
taken on record.
Petitioner is a retired assistant teacher who
superannuated on 31st January, 2013 and got the
benefit under the Contributory Provident Fund
Scheme (CPF). Subsequently, petitioner exercised
option to come under the Pension-cum-Gratuity
Scheme in terms of Government notification dated
13th June, 2014 which was issued in terms of the
judgment of the Special Bench dated 16th July,
2013 passed on intra court appeal being APO No.94
of 2009 (State of West Bengal & Ors. -vs- Abhijit
Baidya & Ors.).
It has also been submitted on behalf of the
petitioner that as per demand of the State
respondents she has deposited the amount along
with interest and additional interest which she
received under CPF Scheme.
However, the grievance of the petitioner is
after taking steps in terms of the said notification
dated 13th June, 2014 by issuing pension payment
order dated 28th September, 2015 pensionary
benefit was sanctioned in favour of the petitioner
not from the date following the date of her
retirement but from the date of refund which she
made after exercising option in terms of the said
notification dated 13th June, 2014. Petitioner
claims issuance of revised pension payment order
thereby sanctioning pensionary benefits from the
date following the date of her superannuation
based on the judgement of the Special Bench dated
30th September, 2019 passed on intra Court appeal
being APO No.121 of 2007.
It appears that based on the judgment
dated 30th September, 2019 of the Special Bench
the benefit of pension is accorded to other similarly
circumstanced retired teachers from the date
following the date of their superannuation provided
exercise of option has been made within time in
terms of said notification dated 13th June, 2014
and if the refund is made by the concerned teacher
as per the calculation of the State respondents.
This Court has heard the learned advocate
representing the petitioner and has perused the
relevant materials available on record.
It is not the case that the petitioner did not
exercise option within time in terms of the said
notification dated 13th June, 2014 and the
petitioner on duly exercising option in terms of
notification dated 13th June, 2014 switched over
from CPF to Pension-cum-Gratuity Scheme. On
placing reliance on paragraph 55 of the judgment of
the Special Bench dated 30th September, 2019, this
Court does not find any impediment in extending
the benefit of pension to the petitioner from the
date following the date of her retirement provided
exercise of option is made within time and refund
has been made as per the calculation of the State
respondents.
Accordingly, this Court directs the State
respondents to issue revised pension payment
order in favour of the petitioner within twelve weeks
from the date of communication of this order
thereby extending the benefit of pension from the
date following the date of her superannuation.
With the above direction, the writ petition
stands disposed of.
However, there shall be no order as to
costs.
Urgent photostat certified copy of the order,
if applied for, be given to the parties, upon usual
undertakings.
(Saugata Bhattacharyya, J.)
