Srikishna Das vs The State Of West Bengal & Ors
2024 Latest Caselaw 3985 Cal

Calcutta High Court (Appellete Side)

Srikishna Das 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.27
    KB


                              In The High Court At Calcutta
                             Constitutional Writ Jurisdiction
                                     Appellate Side

                                      WPA 12200 of 2024


                                      Srikishna Das
                                           -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 petitioner retired from service on

31.01.2014.

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 petitioner

exercised option to switch over from CPF to GPF and

refunded the employer's share of contribution with

interest and additional interest on 21.08.2014.

Pension Payment Order was issued in favour 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 his

retirement 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.

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

petitioner exercised option and refunded the employer's

share of contribution in terms of the notification dated

13.06.2014, then steps shall be taken 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.)