Sandhya Rani Khan v. State Of West Bengal And ORS.
10.04.2024 SL No. 222 Court No. 13 ap
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 8783 of 2024 Sandhya Rani Khan Vs The State of West Bengal & Ors.
Mrs. Sabita Khutia (Bhunya).
... for the petitioner.
Ms. Sarmila Dutta Das, Ms. Nabamita Kapat.
...for the State.
Affidavit of service filed in Court today be kept with the record.
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 29.02.2008 and died on 07.07.2019.
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 employee exercised option to switch over from CPF to GPF and refunded the employer's share of contribution with interest and additional interest on 09.09.2014.
Pension Payment Order was issued in favour 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 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 on 07.07.2019, accordingly, the revised pension payment order is required to be issued in favour of the heir of the deceased employee. Instant writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer to verify the records, and in the event, it is found, that 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 petitioner with effect from the date following the date of 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.
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.
Instructions of the District Inspector of Schools (PE), Howrah dated 3rd April, 2024 filed in Court today be taken on record.
The instant writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.
(Rajasekhar Mantha, J.)