Usha Sarkar v. State Of West Bengal And ORS.

25.07.2023 Item No.94 Court No.18 AJ.

W.P.A. 17127 of 2023 Usha Sarkar -Vs- The State of West Bengal & Ors.

Mrs. Sabita Khutia (Bhunya).

......for the petitioner.

Mr. Abhishek Banerjee.

.......for the State.

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

The husband of the petitioner was a nonteaching staff (Clerk) of a secondary school and retired from his said service on superannuation on July 31, 2008 and died on May 08, 2019.

The petitioner is claiming that her husband had exercised option to switch over to Pensioncum-Gratuity from CPF-cum-Gratuity refunded the employer's share of contribution with interest and additional interest within the time limited by notification Government of West Bengal bearing No. 749SE(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 family pension from the date following such date of retirement of the employee concerned.

Learned Advocate for the State respondents does not oppose the prayer of the petitioner. 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) in view 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 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

family pension and shall forward the necessary recommendation and/or sanction to the Director Pension, Provident Fund 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 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. 17127 of 2023 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.)