Rijiya Biswas And ANR v. State Of West Bengal And ORS.

01.03.2023 Item No.27 Court No.18 SK W.P.A. 3964 of 2023 Rijiya Biswas & Anr.

-Vs- The State of West Bengal & Ors.

Mr. Subhrangsu Panda ......for the petitioners.

Affidavit-of-service filed by the learned advocate for the petitioners be kept with the record.

In spite of service none appears on behalf of the State-respondents.

The husband of the petitioner no. 1 and father of the petitioner no. 2 was an Assistant Teacher, on July 31, 2006, he retired from his said service on superannuation and died on March 23, 2016.

The petitioners are claiming that employee concerned had exercised option to switch over to Pension-cum-Gratuity from CPF-cum-Gratuity and refunded the employer's share of contribution with interest and additional interest within the time limited by the notification of the Government of West Bengal bearing No. 749-SE(L)/SL/5S-56/13(Pt-V) dated June 13, 2014.

The grievance of the petitioners is that the Pension Payment Order was issued with effect from the date of the aforesaid refund, instead from the date following the date of retirement of the employee concerned on superannuation.

The petitioners by the instant writ petition are praying for issuance of a writ of mandamus commanding the respondents to release the arrear pension from the date following such date of retirement of the employee concerned.

In view of the judgment of the Special Bench of this Court in the case of DISTRICT INSPECTOR OF SCHOOLS(SE), KOLKATA vs. ABHIJIT BAIDYA reported in 2013(3) CHN (CAL) 711 and in view of subsequent clarification of some of the paragraphs of the said judgment by the Special Bench in its order dated September 30, 2019 on G.A. 464 of 2018, the issue is no longer res integra.

The petitioners are entitled to the arrear pension, as prayed for. The concerned District Inspector of School (SE) is directed to verify the records expeditiously to ascertain as to whether the employee concerned had exercised the said option and refunded the employer's share of contribution within the time limited by the aforesaid notification dated June 13, 2014.

In the event, it is found that the said option was so exercised, the said authority shall process the claim of the petitioners for arrears of family pension and shall forward the necessary recommendation and/or sanction to the Director of Pension, Provident Fund and Group Insurance, who, in turn, shall take steps to issue Revised Pension Payment Order in favour of the petitioners with effect from the date following such date of retirement of the concerned

employee on superannuation and the concerned Treasury Officer, thereafter shall release the family pension in accordance with the Revised Pension Payment Order.

Entire exercise in this regard is required to be completed within a period of twelve weeks from the date of communication of this order.

W.P.A. 3964 of 2023 stands disposed of with the above directions. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)