Pratima Chowdhury v. State Of West Bengal And ORS.

21.03.2022 s.h.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 4047 of 2022 Pratima Chowdhury -versus The State of West Bengal & Ors.

Mr. Banshi Badan Maity ...for the Petitioner.

None appears on behalf of the State.

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 28.02.2007 and died on 10.02.2021.

In response to the notification published by the School Education Department being No.

79SE(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 husband of 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 12.09.2014. Pension Payment Order was issued in favour of the husband 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 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 (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.

As the teacher died in the meantime accordingly the revised pension payment order is required to be issued in favour of the widow of the deceased employee.

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.

WPA 4047 of 2022 is 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.)