Nurjahan Begum vs The State Of West Bengal & Ors
2023 Latest Caselaw 2714 Cal

 04     19.04
Ct No

        2023                In the High Court At Calcutta
AGM

Constitutional Writ Jurisdiction Appellate Side

WPA 1393 of 2023

Nurjahan Begum Vs The State of West Bengal & Ors.

Mr. Ashis Kumar Paul Ms. Tithi Paul ... For the petitioner.

Mr. R. N. Pal ... for the State.

The issue to be decided in the present writ petition

is whether an employee will be entitled to receive pension

on and from the date following retirement or from the date

of refund of the employer's share of contribution.

The father of the petitioner retired from service on

attaining the age of superannuation on 30.06.2012 and

died on 14.09. 2020.

In response to the notification published by the

School Education Department being No. 79-SE(L)/SL/5S-

56/13 (Pt-V) dated 13th June, 2014 issued in compliance

of the direction passed by the Hon'ble Special Bench of

this Court in the judgment dated 16 th July, 2013 in the

matter of District Inspector of Schools (S.E.), Kolkata -vs-

Abhijit Baidya the father of the petitioners exercised

option to switch over from the CPF to GPF and refunded

the employer's share of contribution with interest and

additional interest on 21.08.2014 and 26.12.2014.

Pension Payment Order was issued in favour of the

father of the petitioner with effect from the date of refund

of the employer's share of contribution.

The petitioner claims that pension ought to have

been released on and from the next date of retirement of

the father of the petitioners and not from the date of

refund of the employer's share of contribution.

A similar issue has been decided by this Court in

the matter of WPA No. 964 of 2022 (Sitala Mandal

(Chaudhuri) -vs- State of West Bengal & Ors).

The judgment passed in the aforesaid matter on 8 th

February, 2022 will cover the present writ petition.

As the teacher died in the meantime, accordingly,

the revised pension payment order is required to be

issued in favour of the heir of the deceased employee.

Instant writ petition is disposed of by directing the

Director of Pension, Provident Fund and Group Insurance

and the concerned Treasure Officer to verify the records,

and in the event, it is found, that the father of the

petitioners exercised option and refunded the employer's

share of contribution within the time specified in the

notification dated 13th June, 2014, then steps shall be

taken to issue Revised Pension Payment Order in favour

of the petitioners with effect from the date following the

date of retirement of their father on superannuation and

to release the pension in accordance with the Revised

Pension Payment Order. Such steps shall be taken within

a period of twelve weeks from the date of communication

of a copy of this order. Payment shall positively be

released immediately upon issuance of the Revised

Pension Payment Order.

Affidavit of service kept with the records.

WPA 1393 of 2023 is disposed of.

Urgent certified photo copy of this order, if applied

for, be supplied to the parties expeditiously on compliance

of usual legal formalities.

( Amrita Sinha, J.)