Nani Gopal Sasmal vs The State Of West Bengal & Ors
2023 Latest Caselaw 5206 Cal

18.08.2023
Item No. 175
Court No.18
    SK
                                   W.P.A. 18821 of 2023

                              Nani Gopal Sasmal
                                     -Vs-
                       The State of West Bengal & Ors.

                        Mr. Banshi Badan Maity
                                         ......for the petitioner.


                      Affidavit-of-service filed by the learned advocate

               for the petitioner be kept with the record.

                      In spite of service none appears on behalf of the

               State-respondents.

The petitioner was an approved Assistant

Teacher and retired from his said service on

superannuation on September 30, 2001.

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 his 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.

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 his 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. 18821 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.)