Nilu Deb (Bose) v. State Of West Bengal And ORS.
22.07.2022 SL No. 552 Court No. 13 ap
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 12615 of 2022 Nilu Deb (Bose) Vs The State of West Bengal & Ors.
Mr. Sakti Pada Jana.
... for the petitioner.
Affidavit of service filed in Court today be kept with the record. None appears on behalf of the State respondents.
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 petitioner's husband retired from service on attaining the age of superannuation on 31st July, 2013. 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 petitioner exercised option to switch over from CPF to GPF and refunded the employer's share of contribution with interest and additional interest on 21st August, 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. The teacher died on 24.09.2015 and accordingly the revised pension payment order is required to be issued in favour of the widow 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.
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.)