Calcutta High Court (Appellete Side)
Ct.15 vs The State Of West Bengal & Ors on 2 August, 2023
W.P.A. 10162 of 2023
1
02.08.2023
adeb Sk. Abdul Wajed
Ct.15
-vs-
The State of West Bengal & Ors.
Mr. Krishna Pada Santra
Ms. Arpita Saha
....for the petitioner.
Mr. Kushal Biswas
Mr. Jayanta Samanta
....for the State.
Affidavit-of-service filed by the petitioner
is taken on record.
Petitioner is a retired assistant teacher
who superannuated on 31st July, 2011 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 he has deposited the amount along
with interest and additional interest which he
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 31st July, 2015
pensionary benefit was sanctioned in favour of
the petitioner not from the date following the
date of his retirement but from the date of
refund which he 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 his 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. Kushal Biswas, 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 since the
petitioner on 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 his 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 his superannuation subject to the
condition that the petitioner exercised option in
due time in terms of the said notification dated
13th June, 2014 and refunded the amount as per
calculation of the State respondents.
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.)
