Dipanwita Saha And ORS. v. The State Of West Bengal And ORS.

23.06.2023 (D/L-206) Ct.-18 (Susanta) W.P.A. 7885 of 2023 Dipanwita Saha & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Saktipada Jana, Mr. Subhajyoti Das, .... For the Petitioner.

Mr. Suman Dey, .... For the State.

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

The father of the petitioner No.1 was an Assistant Teacher, on July 31, 2001 he retired from his said service on superannuation and he died on September 10, 2021.

The petitioners are claiming that the employee concerned has 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.

Learned advocate for the State-respondents does not oppose the prayer of the petitioner. 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 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 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 the date of retirement of the employee concerned on superannuation and the concerned Treasury Officer,

thereafter shall release the 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. 7885 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.)