Samir Ranjan Pal And ORS. v. The State Of West Bengal And ORS.

10.09.2024 Court No. 14 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16304 of 2024 Samir Ranjan Pal & Ors.

-versus The State of West Bengal & Ors.

Mr. Sakti Pada Jana.

Mr. Subhojyoti Das.

Mr. Sudipta Pramanik.

... For the Petitioners.

The matter was taken up for consideration by the Court on 4th September, 2024 and was adjourned till the month of November 2024.

It has been mentioned thereafter by the learned advocate for the petitioners and submitted that the issue in question has already been decided by this Court.

Reliance has been placed on the order dated 5th August, 2024 passed by this Bench in WPA 19457 of 2024 (Bidyut Lata Kar -Versus- The State of West Bengal & Ors.).

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 mother of the petitioners retired from service on attaining the age of superannuation on 30.10.2008. She died on 22.03.2015.

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 teacher exercised option to switch over from CPF to GPF and refunded the employer's share of contribution with interest and additional interest on 28.08.2014.

Pension Payment Order was issued in favour of the teacher with effect from the date of refund of the employer's share of contribution.

The petitioners claim 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.).

Facts being the same, the judgment passed in the aforesaid matter on 8th February, 2022 will cover the present writ petition.

The 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 teacher 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 heir(s) of the deceased teacher 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 this order. Payment shall positively be released immediately upon issuance of the Revised Pension Payment Order.

For the aforesaid purpose, the DI of Schools concerned shall process the claim for arrears of pension and make/forward necessary recommendation/sanction to the DPPG expeditiously. The DPPG in turn shall act based on such recommendation/sanction.

WPA 16304 of 2024 is disposed of.

Affidavit of service is taken on record.

Urgent photostat certified copy of this order, if applied for, be given to the parties on compliance of usual formalities.

( Amrita Sinha, J.)