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 Ct. No. 14 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 2 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, 3 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.)