Sankari Mishra vs The State Of West Bengal & Ors
2023 Latest Caselaw 5209 Cal

18.08.2023
 Item No. 176
  Court No.18
     SK
                                   W.P.A. 18825 of 2023

                               Sankari Mishra
                                     -Vs-
                       The State of West Bengal & Ors.

                       Mr. Banshi Badan Maity
                                        ......for the petitioner.
                       Mr. Keshab Chandra Das
                                              ... for the State.


                     Affidavit-of-service filed by the learned advocate

                for the petitioner be kept with the record.

                     The husband of the petitioner was an Assistant

                Teacher, on April 30, 2008, he retired from his said

                service on superannuation and expired on February

                02, 2016.

                     The petitioner is claiming that her husband

                had 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 retirement of the employee

                concerned on superannuation.

                     The petitioner by the instant writ petition is

                praying     for   issuance   of a   writ   of mandamus
                          2




commanding the respondents to release the arrear

pension from the date following such date of

retirement of the employee concerned.

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 employee concerned 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 such

date of retirement of the concerned employee 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. 18825 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.)