Calcutta High Court (Appellete Side)
Sovana Karmakar vs The State Of West Bengal & Ors on 31 March, 2023
09. 31.03.2023
adeb
W.P.A. 1737 of 2016
Ct.15
Sovana Karmakar
-vs-
The State of West Bengal & Ors.
Mr. Sourav Mitra
....for the petitioner.
Mr. Jahangir Hossain
....for the State.
Affidavit-of-service filed by the petitioner is
taken on record.
Petitioner is a retired assistant teacher who
superannuated on 30th June, 2006 and got the
benefit under the Contributory Provident Fund
Scheme (CPF). Subsequently, petitioner exercised
option to come under the Pension-cum-Gratuity
Scheme in terms of Government notification dated
13th June, 2014 which was issued in terms of the
judgment of the Special Bench dated 16th July,
2013 passed on intra court appeal being APO No.94
of 2009 (State of West Bengal & Ors. -vs- Abhijit
Baidya & Ors.).
It has also been submitted on behalf of the
petitioner that as per demand of the State
respondents she has deposited the amount along
with interest and additional interest which she
received under CPF Scheme.
However, the grievance of the petitioner is
after taking steps in terms of the said notification
dated 13th June, 2014 by issuing pension payment
order dated 10th August, 2015 pensionary benefit
was sanctioned in favour of the petitioner not from
the date following the date of his retirement but
from the date of refund which she made after
exercising option in terms of the said notification
dated 13th June, 2014. Petitioner claims issuance
of revised pension payment order thereby
sanctioning pensionary benefits from the date
following the date of his superannuation based on
the judgement of the Special Bench dated 30th
September, 2019 passed on intra Court appeal
being APO No.121 of 2007.
The State respondents are represented by
Mr. Jahangir Hossain, learned advocate who has
also submitted that based on the judgment dated
30th September, 2019 of the Special Bench the
benefit of pension is accorded to other similarly
circumstanced retired teachers from the date
following the date of their superannuation provided
exercise of option has been made within time in
terms of said notification dated 13th June, 2014, if
the refund is made by the concerned teacher as per
the calculation of the State respondents.
This Court has heard the learned advocates
representing the parties and has perused the
relevant materials on available on record.
It is nobody's case that the petitioner did
not exercise option within time in terms of the said
notification dated 13th June, 2014 since the
petitioner duly on exercising option in terms of
notification dated 13th June, 2014 switched over
from CPF to Pension-cum-Gratuity Scheme. On
placing reliance on paragraph 55 of the judgment of
the Special Bench dated 30th September, 2019, this
Court does not find any impediment in extending
the benefit of pension to the petitioner from the
date following the date of his retirement provided
such exercise of option is made within time and
refund has been made as per the calculation of the
State respondents.
Accordingly, this Court directs the State
respondents to issue the revised pension payment
order in favour of the petitioner within twelve weeks
from this date thereby extending the benefit of
pension from the date following the date of her
superannuation subject to the condition that the
petitioner exercised option in due time in terms of
the said notification dated 13th June, 2014 and
refunded the amount as per calculation of the State
respondents.
With the above 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.)
