Banamali Bera vs The State Of West Bengal & Ors
2023 Latest Caselaw 5231 Cal

18.08.2023
Item No.94
Court No.18
    P.Jana

                              W.P.A. 18047 of 2023

                              Banamali Bera
                                      -Vs-
                     The State of West Bengal & Ors.

                     Ms. Ina Bhattacharya,
                     Ms. Mithu Sigha Mahapatra,
                                 ......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 wife of the petitioner was an Assistant

Teacher, on March 31, 2012 she retired from her

said service on superannuation and she died on

January 10, 2021.

The petitioner is claiming that his wife 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

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 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. 18047 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.)