Syamapada Mondal v. State Of West Bengal And ORS.

13.04.2023 Item No.08 Court No.18 AJ.

W.P.A. 15529 of 2022 Syamapada Mondal -Vs- The State of West Bengal & Ors.

Ms. Sreyasree Choudhury.

......for the petitioner.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

None appears on behalf of the State respondents in spite of service.

The petitioner was an Assistant Teacher of a secondary school and retired from his said service on superannuation on February 29, 2012.

The petitioner is claiming to have exercised option to switch over to Pension-cum-Gratuity from CPF-cum-Gratuity and refunded employer's share of contribution with interest and additional interest within the time limited by the notification of the Government of West Bengal bearing No. 749-SE(L)/SL/5S-56/13(PtV) dated June 13, 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 his 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(SE), KOLKATA vs.

ABHIJIT BAIDYA reported in 2013(3) CHN (CAL) 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 (SE) is directed to verify records expeditiously to ascertain as to whether the petitioner had exercised the said option and refunded the employer's share of contribution within time limited by 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 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 date of his 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. W.P.A. 15529 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.)