Kalpana Debi v. State Of West Bengal And ORS.

05.08.2024.

PB Sl. No.89.

Ct. No.14.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 10923 of 2024 Kalpana Debi Vs The State of West Bengal & Ors.

Ms. Sampriti Saha, Mr. Avijit Kar.

......for the petitioner.

Affidavit-of-service filed in Court today be kept with the records.

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

The petitioner was an approved Assistant Teacher of a primary school and retired from her said service on superannuation on May 31, 2012.

The petitioner is claiming to have exercised option to switch over of Punsion-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 No.749-SE (L)/SL/5S-56/13(Pt-V) dated 13th June, 2014.

The grievance of the petitioner 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 her retirement on superannuation.

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

In view of the judgment of the Special Bench of this Court in the case of District Inspector of Schools (S.E.), 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 (PE) is directed to verify the records expeditiously to ascertain as to whether the petitioner 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 petitioner for arrears of 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 petitioner with effect from the date following the date of her retirement 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.

WPA 10923 of 2024 stands disposed of with the above directions. There shall be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)