Calcutta High Court (Appellete Side)
Raba Rit vs The State Of West Bengal & Ors on 6 August, 2024
Author: Amrita Sinha
Bench: Amrita Sinha
06.08.2024
Ct. No. 14
Sl. No.29
KB
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA 12283 of 2024
Raba Rit
-versus-
The State of West Bengal & Ors.
Mr. J. D. Chakraborty
Ms. J. R. Dhar
... For the petitioner.
Affidavit of Service filed in Court today be
retained with the record.
None appears on behalf of the State respondents
in spite of service.
The issue to be decided in the present writ
petition is whether 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
31.03.1999 and he died on 21.07.2019.
In response to the notification published by the
School Education Department being no.749-
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 husband of the
petitioner exercised option to switch over from CPF to
GPF and refunded the employer's share of contribution
with interest and additional interest on 11.09.2014.
Pension Payment Order was issued in favour of
the wife 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 of
her husband 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.
As the teacher died in the meantime accordingly
the revised pension payment order is required to be
issued in favour of the wife 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, if it found, that the
husband of the petitioner exercised option and refunded
the employer's share of contribution within the time
specified in the notification dated 13 th June, 2014, then
steps shall be taken to issue 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.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if
applied for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
( Amrita Sinha, J.)
