Pari Rani Gayen vs The State Of West Bengal & Ors
2023 Latest Caselaw 5204 Cal

18.08.2023
Item No. 180
  Court No.18
     SK
                                    W.P.A. 18830 of 2023

                                Pari Rani Gayen
                                      -Vs-
                        The State of West Bengal & Ors.

                         Mr. Banshi Badan Maity
                                          ......for the petitioner.
                         Ms. Shabnam Farooqui ...for the State.


                       Affidavit-of-service filed by the learned advocate

                for the petitioner be kept with the record.

                       The petitioner was an approved Assistant

                Teacher of a secondary school and retired from her

                said service on superannuation on July 31, 2008.

                       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.

Learned advocate for the State-respondents

does not oppose the prayer of the petitioner.

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 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. 18830 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.)