Santanu Ghosal v. State Of West Bengal And ORS.

10.06.2024.

Court No. 13 Item No. 17 ap W.P.A. No. 20931 of 2023 Santanu Ghosal

Versus

The State of West Bengal & Ors.

Mr. Ujjal Ray, Sk. Abdur Rahim.

...For the petitioner.

Ms. Sucharita Roy.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner's father was getting pension after the date of refund of the employee's share of CPF, pursuant to the option exercised for conversion from CPF to GPF. The petitioner claims that his father is entitled to pension from the day after the date of superannuation.

3. This Court has settled the aforesaid proposition of law in several decisions. The instructions of the State also indicates the same and refers to a Notification in this regard.

4. In those circumstances, it is directed that the pension of the petitioner's father shall be payable from the date of retirement i.e. on 1st February, 1994 instead of 7th July, 2015.

5. Let arrears of pension payable to the petitioner's deceased father from 1st February, 1994 till June, 2015 be paid to the petitioner, together with interest at

the rate of 7% per annum within a period of two months from date. In default of payment being made within the period stipulated above, the rate of interest shall stand increased to 9% per annum.

6. With the aforesaid directions, the instant writ petition shall stand disposed of.

7. There will be no order as to costs.

8. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)