Bhaskar Sinha v. The State Of West Bengal And ORS.

W.P.A. 15761 of 2025 19.08.2025 Ct.18 rkd Bhaskar Sinha -vsThe State of West Bengal & Ors.

Mr. Banshi Badan Maity ....for the petitioner.

Mr. Pashupati Sana ....for the State.

1.

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

2.

Petitioner's wife was a retired Assistant Teacher, who superannuated on 30th November, 2009 and got the benefit under the Contributory Provident Fund Scheme (CPF). Wife of the petitioner exercised option to come under the Pension-cum-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 A.P.O. No.94 of 2009 (State of West Bengal & Ors. v. Abhijit Baidya & Ors.).

3.

The wife of the petitioner died on 3rd June, 2021 and accordingly claim is laid by the present petitioner for issuance of revised Pension Payment Order. It has also been submitted on behalf of the petitioner that as per demand of the State respondents, wife of the petitioner deposited the

amount along with interest and additional interest which she received under CPF Scheme.

4.

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 29th July, 2015, pensionary benefit was sanctioned in favour of the employee not from the date following the date of her retirement but from the date of refund which the employee 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 wife's superannuation based on the judgment of the Special Bench dated 30th September, 2019 passed on intra-court appeal being A.P.O. No.121 of 2007.

5.

The State respondents are represented by 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 and staffs from the date following the 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 staff as per the calculation of the State respondents.

6.

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

7.

It is not the case that the teacher did not exercise option within time in terms of the said notification dated 13th June, 2014 and teacher on duly exercising option in terms of notification dated 13th June, 2014 switched over from CPF to Pensioncum-Gratuity Scheme. On placing reliance on paragraph 55 of the 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 teacher's retirement provided exercise of option is made within time and refund has been made as per the calculation of the State respondents.

8.

Accordingly, this Court directs the State respondents to issue revised pension payment order in favour of the petitioner within twelve (12) weeks from the date of communication of this order thereby extending the benefit of arrear pension/ family pension from the date following the date of wife's superannuation.

9.

With the above direction, the writ petition stands disposed of.

10.

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

(Saugata Bhattacharyya, J.)