Satyabati Sarkar vs The State Of West Bengal & Ors
2023 Latest Caselaw 5221 Cal

18.08.2023
 (D/L-164)
   Ct.-18
 (Susanta)
                               W.P.A. 18353 of 2023

                                 Satyabati Sarkar
                                        -Vs-
                           The State of West Bengal & Ors.

               Mr. Banshi Badan Maity,
                                     .... For the Petitioner.
               Mr. Yash Vardhan Deora,
                                         ....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 Non-

             Teaching staff (Clerk), he retired from his said

             service on superannuation on December 31, 2007

             and died on October 27, 2019.

                  The petitioner is claiming that the employee

             concerned 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.

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 the

date of retirement of the employee concerned 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. 18353 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.)