Calcutta High Court (Appellete Side)
Jyotshna Sarkar vs The State Of West Bengal & Ors on 11 December, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
11.12.2023
ap
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. 19041 of 2023
Jyotshna Sarkar
Vs
The State of West Bengal & Ors.
Mrs. Sabita Khutia (Bhunya).
... for the petitioner.
Mrs. Rupsha Chakraborty.
...for the State.
Affidavit of service along with the report of the
State filed in Court today are kept with the record.
The issue to be decided in the present writ
petition is whether the widow of an employee will be
entitled to receive pension on and from the date following
retirement or from the date of refund of the employer's
share of contribution.
The husband of the petitioner retired from service
on attaining the age of superannuation on 30.11.2000.
The employee died on 04.12.2017.
In response to the notification published by the
School Education Department being No. 79-
SE(L)/SL/5S-56/13(Pt-V) dated 13th June, 2014 issued
in compliance of the direction passed by the Hon'ble
Special Bench of this Court in the judgment dated 16 th
July, 2013 in the matter of District Inspector of Schools
(S.E.), Kolkata -vs- Abhijit Baidya the petitioner's
husband exercised option to switch over from CPF to
GPF and refunded the employer's share of contribution
with interest and additional interest on 08.09.2014.
Pension Payment Order was issued in favour of
the petitioner with effect from the date of refund of the
employer's share of contribution.
The petitioner claims that pension ought to have
been released on and from the next date of retirement
and not from the date of refund of the employer's share
of contribution.
A similar issue has been decided by this Court in
the matter of WPA No. 964 of 2022 (Sitala Mandal
(Chaudhuri) -vs- State of West Bengal & Ors.).
The judgment passed in the aforesaid matter on
8th February, 2022 will cover the present writ petition.
The teacher died on 04.12.2017 and accordingly
the revised pension payment order is required to be
issued in favour of the widow of the deceased employee.
Instant writ petition is disposed of by directing
the Director of Pension, Provident Fund and Group
Insurance and the concerned Treasury Officer to verify
the records, and in the event, it is found, that the
petitioner's husband exercised option and refunded the
employer's share of contribution within the time
specified in the notification dated 13th June, 2014, then
steps shall be taken to issue Revised Pension Payment
Order in favour of the petitioner with effect from the date
following the date of retirement on superannuation and
to release the pension in accordance with the Revised
Pension Payment Order. Such steps shall be taken
within a period of twelve weeks from the date of
communication of a copy of this order. Payment shall
positively be released immediately upon issuance of the
Revised Pension Payment Order.
For the aforesaid purpose, the DI of Schools
concerned shall process the claim for arrears of pension
and make/forward a necessary
recommendation/sanction to the DPPG expeditiously.
The DPPG in turn shall act based on such
recommendation/sanction.
The instant writ petition is disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on completion of
usual formalities.
(Rajasekhar Mantha, J.)
