Sk. Abdul Wajed v. State Of West Bengal And ORS.

02.08.2023 adeb Ct.15 W.P.A. 10162 of 2023 Sk. Abdul Wajed -vsThe State of West Bengal & Ors.

Mr. Krishna Pada Santra Ms. Arpita Saha ....for the petitioner.

Mr. Kushal Biswas Mr. Jayanta Samanta ....for the State.

Affidavit-of-service filed by the petitioner is taken on record.

Petitioner is a retired assistant teacher who superannuated on 31st July, 2011 and got the benefit under the Contributory Provident Fund Scheme (CPF). Subsequently, petitioner exercised option to come under the Pensioncum-Gratuity Scheme in terms of Government notification dated 13th June, 2014 which was issued in terms of the judgment of the Special Bench dated 16th July, 2013 passed on intra court appeal being APO No.94 of 2009 (State of West Bengal & Ors. -vs- Abhijit Baidya & Ors.). It has also been submitted on behalf of the petitioner that as per demand of the State respondents he has deposited the amount along with interest and additional interest which he received under CPF Scheme.

However, the grievance of the petitioner is after taking steps in terms of the said notification dated 13th June, 2014 by issuing pension payment order dated 31st July, 2015 pensionary benefit was sanctioned in favour of the petitioner not from the date following the date of his retirement but from the date of refund which he made after exercising option in terms of the said notification dated 13th June, 2014. Petitioner claims issuance of revised pension payment order thereby sanctioning pensionary benefits from the date following the date of his superannuation based on the judgement of the Special Bench dated 30th September, 2019 passed on intra Court appeal being APO No.121 of 2007.

The State respondents are represented by Mr. Kushal Biswas, learned advocate who has also submitted that based on the judgment dated 30th September, 2019 of the Special Bench the benefit of pension is accorded to other similarly circumstanced retired teachers from date following date of their superannuation provided exercise of option has been made within time in terms of said notification dated 13th June, 2014 and if the

refund is made by the concerned teacher as per the calculation of the State respondents.

This Court has heard learned advocates representing the parties and has perused the relevant materials available on record.

It is nobody's case that the petitioner did not exercise option within time in terms of the said notification dated 13th June, 2014 since the petitioner on exercising option in terms of notification dated 13th June, 2014 switched over from CPF to Pension-cum-Gratuity Scheme. On placing reliance on paragraph of judgment of the Special Bench dated 30th September, 2019, this Court does not find any impediment in extending the benefit of pension to the petitioner from the date following the date of his retirement provided exercise of option is made within time and refund has been made as per the calculation of the State respondents. Accordingly, this Court directs the State respondents to issue revised pension payment order in favour of the petitioner within twelve weeks from this date thereby extending the benefit of pension from the date following the date of his superannuation subject to the

condition that the petitioner exercised option in due time in terms of the said notification dated 13th June, 2014 and refunded the amount as per calculation of the State respondents.

With the above direction, writ petition stands disposed of.

However, there shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)