Purnendu Sekhar Mandal v. State Of West Bengal And ORS.
05.02.2025 Item No.11 Court No.19 AJ
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION WPA 7328 of 2024 Purnendu Sekhar Mandal Vs.
The State of West Bengal & Ors.
Mr. Sourav Mitra, Mr. Goutam Kumar Maity.
... for the Petitioner.
Mr. Sayak Chakraborty.
... for the State.
Affidavit-of-service filed on behalf of the petitioner be kept with the record.
Leave, as prayed for, is granted to the learned Advocate-on-record for the petitioner to add the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal as party respondent to the writ petition.
Learned Advocate for the State submits that he can represent the added respondent therefore, fresh service upon the added respondent is dispensed with.
The petitioner was a Headmaster in a Secondary School, on attaining the age of superannuation he has retired from service on July 31, 2005.
The petitioner is praying permission to refund the Government's share of contribution in his
provident fund account with interest and additional interest to avail the benefit of pension.
Mr. Mitra, learned advocate for the petitioner submits that the petitioner since has exercised option to come under ROPA, 1990 in terms of the judgment dated July 26, 2023 passed by the Hon'ble Division Bench of this Court in MAT 146 of 2019 (The State of West Bengal & Ors.
vs.
Muktimoyee Pal (Dey) & Ors.), need not exercise a fresh option, but to get the benefit of pension, is obliged to refund the Government's share of contribution in his provident fund account.
The District Inspector of Schools (S.E.), 24Parganas (South), the respondent no. 4 herein is therefore directed to calculate the amount required to be refunded by the petitioner to get the benefit of pension and upon deposit of the said amount, the said respondent, being the pension sanctioning authority shall verify the pension papers of the petitioner and shall send the same to the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal, the added respondent no.7 herein for further steps to be taken in accordance with law for issuance of the Pension Payment Order in favour of the petitioner.
The respondent no. 4 and the added respondent no.7 shall complete their respective drills in this regard as expeditiously as possible. WPA 7328 of 2024 is disposed of with the above terms without any order as to costs.
Parties to act on the server copy of this order duly downloaded from the official website of this Court.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.
(Biswajit Basu, J.)