Md. Zuned Sahari v. State Of West Bengal And ORS.

S/L 18 19.06.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 27727 of 2025 Md. Zuned Sahari Vs.

The State of West Bengal & Ors.

Ms. Haritri Roy ... for the Petitioner.

Mrs. Aparna Banerjee Mr. Atanu Basu ... for State.

1.

Affidavit of service filed in Court today be kept with the records.

2.

The issue to be decided in the present writ petition is whether an employee will be entitled to receive pension on and from the date following retirement or from the date of refund of the employer's share of contribution.

3.

The father of the petitioner retired from service on attaining the age of superannuation on 31st January, 1999 and he died on 30th April, 2019. Thereafter the mother of the petitioner also died on 12th December, 2020.

4.

In response to the notification published by the School Education Department being No.

749SE(L)/SL/5S-56/13(Pt-V) dated 13th June, issued in compliance of the direction passed by the Hon'ble Special Bench of this Court in the judgment dated 16th July, 2013 in the matter of District Inspector of Schools (S.E.), Kolkata -vs- Abhijit Baidya the father of the petitioner exercised option to switch over from CPF to GPF and refunded the employer's

share of contribution with interest and additional interest on 22nd September, 2014.

5.

Pension Payment Order was issued in favour of the father of the petitioner with effect from the date of refund of the employer's share of contribution. 6.

The petitioner claims that pension ought to have been released on and from the next date of retirement of the father of the petitioner and not from the date of refund of the employer's share of contribution. 7.

A similar issue has been decided by this Court in the matter of WPA No. 964 of 2022 (Sitala Mandal (Chaudhuri) -vs- State of West Bengal & Ors.). 8.

The judgment passed in the aforesaid matter on 8th February, 2022 will cover the present writ petition. 9.

Instant writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer to verify the records, and in the event, it is found, that the petitioner exercised option and refunded the employer's share of contribution within the time specified in the notification dated 13th June, 2014, then steps shall be taken to issue Revised Pension Payment Order in favour of the petitioner with effect from the date following the date of retirement on superannuation and to release the pension in accordance with the Revised Pension Payment Order. Such steps shall be taken within a period of twelve weeks from the date of communication of a copy of this order.

Payment shall positively be released

immediately upon issuance of the Revised Pension Payment Order.

10.

Writ petition stands disposed.

11.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)