Calcutta High CourtWPA/980/2022disposed

Nihar Maity v. State Of West Bengal And ORS.

2022-02-08Hon'Ble Justice Amrita Sinha2 pages

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side Present :- Hon'ble Justice Amrita Sinha WPA No. 980 of 2022 Nihar Maity Vs.

The State of West Bengal & Ors.

For the writ petitioner :- Mr. Sakti Pada Jana, Adv.

For the State :- Sk. Md. Galib, Adv.

Ms. Subhra Nag, Adv.

Heard on :- 28.01.2022 Judgment on :- 08.02.2022 Amrita Sinha, J.:- 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 attaining the age of superannuation on 30th September, 2006.

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 16th 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 9th September, 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 retirement and not from the date of refund of the employer's share of contribution.

A similar issued 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.

Affidavit of service kept with the record.

WPA 980 of 2022 is disposed of.

Urgent certified photo copy of this judgment, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. ( Amrita Sinha, J. )