Calcutta High Court (Appellete Side)
Pares Chandra Das vs The State Of West Bengal & Ors on 20 February, 2023
W.P.A. 20473 of 2022
14. 20.02.2023
bd. Ct.15
Pares Chandra Das
-vs-
The State of West Bengal & Ors.
Mr. Raghunath Das
Ms. Monalisa Das
... for the petitioner
Mr. Pinaki Dhole
Mr. Ananya Neogi
... for the State
Petitioner was headmaster of a Government
aided recognised high school who retired on
superannuation on 31st December, 2002. At the
time of superannuation petitioner was under the
Contributory Provident Fund Scheme. However, it
has been submitted on behalf of the petitioner that
petitioner did not claim Government's contribution
under the contributory provident fund scheme and
accordingly Government's contribution which was
lying in the provident fund account of the petitioner
was actually not paid.
It has also been submitted that subsequently
in terms of the judgment of the Special Bench dated
16th July, 2013 on an intra Court Appeal being APO
94 of 2009 (District Inspector of Schools (SE),
Calcutta and Anr. -vs- Abhijit Baidya and Ors.)
as well as notification dated 13th June, 2014 issued
in terms of the direction contained in the judgment
dated 16th July, 2013 the petitioner exercised option
to come under the pension scheme on 20th June,
2014. In view of exercise of such option pension
payment order was issued vide memo dated 2nd
February, 2015 whereby the concerned respondent
authorities sanctioned pension in favour of the
petitioner with effect from 18th September, 2014.
The grievance of the petitioner is non-
payment of pension to him from the date following
the date of superannuation on 31st December, 2002
in consideration of fact that petitioner never
received Government's contribution under
contributory provident fund scheme; therefore the
case has been made out in this writ petition that
petitioner is entitled to receive pensionary benefits
with effect from 1st January, 2003 and for
sanctioning such pensionary benefits refund of
employer's contribution made to the provident fund
account of the petitioner under the contributory
provident fund scheme is not required.
Mr. Dhole, learned advocate, representing the
State respondents submits on instructions that
though petitioner was under the contributory
provident fund scheme and retired on 31st
December, 2002 but he did not claim Government's
contribution under the Contributory Provident Fund
Scheme which is reflected from the option exercised
by the petitioner in terms of Government
notification dated 13th June, 2014, page 15 of the
supplementary affidavit.
Having considered the submissions made on
behalf of the respective parties and on perusal of
records it appears that by issuing pension payment
order vide memo dated 2nd February, 2015
pensionary benefits were released in favour of the
petitioner with effect from 18th September, 2014. In
terms of the Government notification dated 13th
June, 2014 a teacher for obtaining pension is
required to refund Government's share under the
contributory provident fund scheme along with
interest. But here in the instant case, petitioner has
not claimed Government's share of contribution
under the contributory provident fund scheme,
therefore, question of refunding the Government's
contribution under the contributory provident fund
scheme made in favour of the petitioner along with
necessary interest does not arise for extending the
benefit of pension from the date following the date of
retirement of the petitioner.
The issue of releasing the pension from the
date following the date of retirement has already
been decided by the Special Bench by delivering
judgment dated 30th September, 2019 in Md.
Abdul Ghani -vs- State of West Bengal & Ors. In
paragraph 45 and 55 of the said judgment it has
been decided by the Special Bench that on
completion of formalities and refund a teacher
concerned is entitled to receive pension from the
date following the date of superannuation.
In terms of the judgement of the Special
Bench dated 30th September, 2019 it appears that
petitioner is entitled to receive pension from the
date following the date of his superannuation since
the petitioner did not claim Government's
contribution under the contributory provident fund
scheme after his superannuation on 31st December,
2002. There is no requirement so far as the
petitioner is concerned to refund the Government's
contribution under contributory provident fund
scheme for getting pension from the date following
the date of his superannuation.
Accordingly, the concerned respondent
authorities are directed to release pensionary
benefits in favour of the petitioner from the date
following the date of his superannuation i.e., from
1st January, 2003 upon issuing revised pension
payment order within a period of eight weeks from
the date of communication of this order.
However, it is also clarified that petitioner is
receiving pensionary benefits from 18th September,
2014, therefore such benefits to be released in
favour of the petitioner for the period from 1st
January, 2003 till 17th September, 2014.
The pensionary benefits which are required to
be released in favour of the petitioner pursuant to
the aforesaid direction are to be released within a
period of four weeks from the date of issuance of
revised pension payment order.
With the aforesaid direction the writ petition
stands disposed of. However, there shall be no order
as to costs.
Urgent photostat certified copy of the order, if
applied for, be given to the parties, upon usual
undertakings.
(Saugata Bhattacharyya, J.)
