Mira Ghosh v. State Of West Bengal And ORS.
04.09.2024 Court No. 18 Item No.23 (Suvendu) WPA 21837 of 2024 Mira Ghosh -Versus- State of West Bengal & Ors.
Mr. Sreyash Basu Dasgupta ........for the petitioner Ms. Rupsha Chakraborty Mr. Sibasish Banerjee .......for the State Affidavit of service filed on behalf of the petitioner is taken on record.
The writ petitioner is a widow of a retired Assistant Teacher, who superannuated on 30th November, 1997 and got the benefit under the Contributory Provident Fund Scheme (CPF).
Subsequently, husband of the petitioner exercised option to come under the Pension-cumGratuity 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 APO No.94 of 2009 (State of West Bengal & Ors. -vs- Abhijit Baidya & Ors.). It has also been submitted on behalf of the petitioner that as per demand of the State respondents husband of petitioner has deposited the amount along with interest and additional interest which he received under CPF Scheme.
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 20th April, 2015 pensionary benefit was sanctioned in favour of the employee not from the date following the date of his 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 husband's superannuation based on the judgment of the Special Bench dated 30th September, 2019 passed on intra Court appeal being APO No.121 of 2007.
Learned advocate has submitted on behalf of the State respondents that based on the notification dated 13th June, 2014 similar benefits have been extended in favour of the widow of the deceased retired teachers and as such petitioner is also entitled to the benefits of arrear pension being the widow provided exercise of option is made by her husband within time and refund is made as per calculation made by the State respondents.
It is nobody's case that the teacher did not exercise option within time in terms of the said notification dated 13th June, 2014 and the teacher on duly exercising option in terms of notification dated 13th June, 2014 switched over from CPF to Pension-cum-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 arrear 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. Accordingly, this Court directs the State respondents to issue revised pension payment order in favour of the petitioner within twelve weeks from the date of communication of this order thereby extending the benefit of arrear pension from the date following the date of teacher's superannuation.
With the above direction, the writ petition stands disposed of.
However, there shall be no order as to costs.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)