Bijoli Mondal And ANR v. State Of West Bengal And ORS.

14.09.2022 (D/L-40) Ct.-18 (Susanta) W.P.A. 13560 of 2022 Bijoli Mondal & Anr.

-Vs- The State of West Bengal & Ors.

Mr. Subhrangsu Panda, Ms. Ina Bhattacharyya, Ms. Mithu Singha Mahapatra, .... For the Petitioners.

Mr. Subrata Das Gupta, .... For the State.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record. The husband of the petitioner no.1 was an Assistant Teacher and retired from his said service on superannuation on June 30, 2005 and he died on August 12, 2019.

The husband of the petitioner no. 1 exercised option to switch over to Pension-cum-Gratuity from CPF-cum-Gratuity by refunding the employer's share of contribution with interest and additional interest on September 13, 2014 i.e. within the time limited by the notification of the Government of West Bengal bearing No.

749-SE(L)/SL/5S56/13(Pt-V) dated June 13, 2014. The grievance of the petitioner no.1 is that the Pension Payment Order was issued in favour of the husband of the petitioner no. 1 with effect from the date of the refund of the said employer's share of

contribution, instead from the date following the date of retirement of the husband of the petitioner no. 1.

The petitioners 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 the date of retirement of the employee concerned.

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 whether the petitioner is entitled to pension from the date following the date of her retirement or from the date of the refund of the employer's share of contribution is no longer res integra.

Therefore, the petitioners are entitled to the arrear pension, as prayed for and in consequence thereof, the concerned District Inspector of School(SE) is directed to verify the records expeditiously to ascertain as to whether the petitioner's husband of the petitioner no. 1 had exercised the said option and refunded the employer's share of contribution within the time limited by the aforesaid notification dated 13th June, 2014.

In the event, it is found that the said option has been exercised within the said time, 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 and the concerned Treasury Officer, who, in turn, shall take steps to issue Revised Pension Payment Order in favour of the petitioner no. 1 with effect from the date following the date of retirement on superannuation of the employee concerned and 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 13560 of 2022 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.)