Calcutta High CourtWPA/563/2023disposed

Alpana Mukherjee v. The State Of West Bengal And ORS

2023-06-15Hon'Ble Justice Krishna Rao2 pages

15.06.2023.

Ct. 3 RS In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side WPA 563 of 2023 Alpana Mukherjee -versusThe State of West Bengal and Ors.

Ms. Matan Chakraborty ... for the petitioner.

Mr. Hirak Barman Mr. Momenur Rahman ... for the State.

Counsel for the respective parties are present.

The affidavit-of-service and the copy of the challan submitted by the counsel for the petitioner be kept with the record.

The petitioner was working as Assistant Teacher and on attaining the age of superannuation, the petitioner retired with effect from 30.06.2012. Initially, during the service period, the petitioner opted for Contributory Provident Fund-cum-Gratuity and subsequently, the petitioner has deposited the benefit received by the petitioner under the Contributory Provident Fund-cum-Gratuity along with interest totaling to Rs.6,26,182/- and opted for regular pension. On receipt of the amount of Rs.6,26,182/- on 09.09.2014 the respondent authorities have granted

regular pension to the petitioner with effect from 08.04.2015. Now, the petitioner submits that as the petitioner retired with effect from 30.06.2012 and has deposited the benefit received by the petitioner under the Contributory Provident Fund-cum-Gratuity along with interest, the petitioner is entitled to regular pension from 30.06.2012 instead of 08.04.2015. Counsel for the petitioner further submits that the petitioner was granted pension only with effect from 08.04.2015 but the petitioner is entitled to family pension with effect from 30.06.2012 and the petitioner is also entitled to interest from 30.06.2012 till 08.04.2015 .

Considered the submission made by the counsel for the parties. Perused the materials on record.

The writ petition is disposed of by directing the respondents, particularly, the respondent nos. 4 and 5 to grant pension of the petitioner with effect from 30.06.2012 instead of 08.04.2015 and also to grant interest at the rate of 9 % per annum on the gratuity as well as arrears of pension with effect from 30.06.2012 till 08.04.2015 within a period of two months from the date of communication of this order. WPA No. 563 of 2023 is thus disposed of.

(Krishna Rao, J.)