Calcutta High Court (Appellete Side)
Shyamarani Saha vs The State Of West Bengal & Ors on 19 July, 2022
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
19.07.2022
SL No. 476
Court No. 13
ap
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. 11245 of 2022
Shyamarani Saha
Vs
The State of West Bengal & Ors.
Mr. Ashis Kumar Paul.
... for the petitioner.
Mr. Atarul Haque Molla.
...for the State.
Affidavit of service filed in Court today be kept
with the record.
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 31.03.2006
and died on 08.05.2019.
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
2
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 11.08.2014 and
21.01.2015.
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 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, it is found, that the petitioner exercised option and refunded the employer's share of contribution within the time specified in the notification dated 13th 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 3 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 instant writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.
(Rajasekhar Mantha, J.)