Calcutta High Court (Appellete Side)
Nilima Chakraborty vs The State Of West Bengal & Ors on 19 April, 2023
02 19.04.2023
Ct.15
W.P.A. 2337 of 2023
rkd
Nilima Chakraborty
-vs-
The State of West Bengal & Ors.
Mr. Kalyan Kumar Panda,
Mr. Nirmalya Dhara
....for the petitioner.
Mr. Milan Kumar Maity
....for the State.
Affidavit-of-service filed by the petitioner is
taken on record.
Petitioner is a retired assistant teacher who
superannuated on 30th June, 2007 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 21st April, 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.
The State respondents are represented by
Mr. Maity, learned advocate who has also
submitted 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 advocates
representing the parties and has perused the
relevant materials available on record.
It is nobody's 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 this date 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.)
