Swadesh Chandra Chowdhury v. State Of West Bengal And ORS.

06.03.2024.

Court No. 13 Item no. 298.

sp W.P.A. No. 2674 of 2024 Swadesh Chandra Chowdhury

Versus

The State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das ..for the petitioners.

1.

Affidavit of service filed in Court today is kept with the record.

2.

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 employer's share contribution.

3.

The petitioner retired from service on attaining the age of superannuation on 30.03.2008 and died on 08.10.2022.

4.

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 (P.E.), Kolkata -vsAbhijit Baidya petitioner exercised

option to switch over from CPF to GPF and refunded employer's share contribution with interest and additional interest on 09.09.2014.

5.

Pension Payment Order was issued in favour of the wife of the petitioner with effect from the date of refund of the employer's share of contribution.

6.

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 employer's share contribution.

7.

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.).

8.

The judgment passed in the aforesaid matter on 8th February, 2022 will cover the present writ petition.

9.

Since the teacher died on 08.10.2022 accordingly the revised pension payment order is required to be issued in favour of the petitioners.

10.

Instant writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance and concerned Treasury Officer to verify the

records, and in the event, it is found, that the wife of 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 wife of the petitioner with effect from the date following date 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.

11.

For the aforesaid purpose, the DI of Schools concerned shall process the claim for arrears of pension and make/forward a necessary recommendation/sanction to the DPPG expeditiously. The DPPG in turn shall act based on such recommendation/sanction.

12.

Let notice of this order be served on the District Inspector of Schools (SE), Uttar Dinajpur.

13.

Accordingly, the writ petition is disposed of.

14.

There will be no order as to costs.

15.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities..

(Rajasekhar Mantha, J.)