Calcutta High Court (Appellete Side)
Chitta Ranjan Neogi vs The State Of West Bengal & Ors on 24 July, 2023
34 24.7.2023 WPA 23077 OF 2016
Sc Ct. no.22 ---------
Chitta Ranjan Neogi
Vs.
The State of West Bengal & Ors.
Mr. Lakshminath Bhattacharya
....For the Petitioner
Mr. Bhaskar Prasad Vaisya
Mr. Mrinal Kanti Ghosh.
....For the Respondent
The previous order speaks for itself.
Today, the writ petition appeared under the
heading "For Dismissal".
Mr. Lakshminath Bhattacharya, learned advocate
appeared for the petitioner.
Mr. Mrinal Kanti Ghosh, learned advocate led by
Mr. Bhaskar Prasad Vaisya, learned Additional
Government Pleader appeared for the respondent nos. 1
and 3.
The rest of the respondents are not represented.
Though the writ petition had appeared under the
heading "For Dismissal" but since the relevant parties
are present and they have agreed that, this writ petition
may be considered today and also considering the issue
involved in this writ petition, the same is taken up for
consideration and for disposal as any further pendency of
this writ petition which is pending since 2016 will not
serve any useful purpose for anybody.
The petitioner claimed to be an Assistant Teacher.
The petitioner retired on September 30, 2008. The
petitioner converted himself to avail of the scheme from
Contributory Provident Fund (CPF) to General
Provident Fund (GPF) on August 20, 2014. Owing to
such change of option the petitioner had refunded and
returned the relevant amount received by him under
CPF to the State employer on September 8, 2014
when the necessary Pension Payment Order (PPO) was
issued with effect from September 8, 2014.
In view of the above, the petitioner claimed that
Pension Payment Order (PPO) should be issued from
the date of retirement and not from the date of
refund.
The petitioner submitted a representation dated
May 24, 2016 at page 17 to the writ petition, inter alia,
before the respondent no.2, the appropriate authority.
Mr. Lakshminath Bhattacharya, learned advocate
appearing for the petitioner on the issue and in support of
his contention relied upon a judgment of a coordinate
Bench rendered in WPA 964 of 2022, In the matter of :
Sitala Mandal (Chaudhuri) Vs. The State of West
Bengal & Ors.
After considering the submissions made on behalf
of the appearing parties and upon perusal and plain
reading of the said judgment of the coordinate Bench In
the matter of : Sitala Mandal (Chaudhuri) (supra) I
am in respectful agreement therewith. Inasmuch as,
when the petitioner being the State employer had
returned the necessary amount to the State employer
after conversion of his Provident Fund Account from
CPF to GPF, no unjust enrichment was enjoyed by the
petitioner. Therefore, the retiral benefit must reckon from
the date of retirement of the petitioner.
In view of the above, the respondent no. 2 is
directed to consider the representation of the petitioner
dated May 24, 2016 at page 17 to the writ petition in
the light of the law laid down by the coordinate Bench In
the matter of : Sitala Mandal (Chaudhuri) (supra)
and shall decide the issue and pass its reasoned order in
accordance with law.
The petitioner shall communicate this order along
with a copy of the writ petition to the respondent no.2 for
expeditious disposal of the issue.
The entire exercise as directed above shall be
carried out and completed by the respondent no.2
positively within a period of four weeks from the date of
communication of this order along with a copy of the writ
petition as directed above.
The respondent no.2 then shall communicate his
reasoned decision to the petitioner and the respondent
no.3 positively within a period of two weeks from the date
of the reasoned order to be passed.
After considering the issue the respondent no.2
shall take all further and consequential steps
expeditiously for issuing the Revised Pension Payment
Order in favour of the petitioner positively within a period
of three weeks from the date of the said reasoned order
to be passed and shall release all the necessary payments
receivable by the petitioner out of his employment strictly
in accordance with law without any interruption.
On the above terms this writ petition, WPA 23077
of 2016 stands disposed of, without any order as to
costs.
Photostat certified copy of this order, if applied for,
be furnished expeditiously.
(Aniruddha Roy, J.)
