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

26.03.2025 Item No.198,DL Court No.19 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 16845 of 2024 Sumati Sinha -Vs- The State of West Bengal & Ors.

Mr. Lal Ratan Mondal, Mr. Dilip Kumar Sadhu.

.....for the petitioner.

Affidavit of service filed on behalf of the petitioner be kept with the record.

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

The father of the petitioner was a Head Teacher of a primary school, on attaining the age of superannuation; he had retired from his service on July 31, 1996 and died on May 09, 2021. The mother of the petitioner had pre-deceased the father.

The petitioner is claiming to that her father had exercised option to switch over to Pension-cumGratuity from CPF-cum-Gratuity and refunded the 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(Pt-V) 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 retirement of the employee concerned 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 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 is no longer res integra.

The concerned District Inspector of School (PE) is directed to verify the records expeditiously to ascertain as to whether the employee concerned had exercised the said option and refunded the employer's share of contribution within the time limited by the 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 the 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 the date of retirement of the employee concerned on superannuation and the concerned Treasury Officer, thereafter shall release the arrear 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.

WPA 16845 of 2024 stands disposed of with the above directions without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)