Nandita Ghatak Banerjee vs The State Of West Bengal & Ors
2023 Latest Caselaw 6380 Cal

21.09.2023
Item No.11
Court No.18
    AJ.
                              W.P.A. 21538 of 2023
                           Nandita Ghatak Banerjee
                                       -Vs-
                        The State of West Bengal & Ors.

                     Mr. Sakti Pada Jana,
                     Mr. Subhajyoti Das.
                                      ......for the petitioner.
                     Mr. Chittaranjan Ghosh.
                                      ......for the State.


                     Affidavit-of-service    filed   by    the   learned

              advocate for the petitioner be kept with the

              record.

                     The petitioner was an approved Assistant

              Teacher of a secondary school and retired from

              her     said   service    on     superannuation        on

              December 31, 2008.

                     The petitioner is claiming to have 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
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from     the    date    following   the        date    of   her

retirement 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.

Learned Counsel for the State respondents

does not oppose the prayer of the petitioner.

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

petitioner 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 the date of her retirement 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. 21538 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.)