Matangini Mahata vs The State Of West Bengal & Ors
2024 Latest Caselaw 4541 Cal

Calcutta High Court (Appellete Side)

Matangini Mahata vs The State Of West Bengal & Ors on 4 September, 2024

Author: Amrita Sinha

Bench: Amrita Sinha

04.09.2024

Sl. No.791 AGM

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side

W.P.A 15742 of 2024

Matangini Mahata

-versus The State of West Bengal & Ors.

Mr. Sourav Mitra.

Ms. Sreyasree Choudhury.

... For the petitioner.

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 in

31.03.2014 and died on 02.06.2021.

In response to the notification published by the

School Education Department being No. 79-

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, (P.E.) Kolkata -vs- Abhijit Baidya the husband

of the petitioner exercised option to switch over from

CPF to GPE and claims to have refunded the employer's

share of contribution with interest and additional

interest on 15.10.2014.

Pension Payment Order was issued in favour of

the husband of the petitioner with effect form 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 the husband of the petitioner 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 (Sitla 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 heir 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, it is 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 Revised

Pension Payment Order in favour of the petitioner with

effect from the date following the dte of retirement of

her husband 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.

Affidavit of service kept with the record.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if

applied for, be given to the parties on completion of

usual formalities.

( Amrita Sinha, J.)