Ratna Sanyal Maitra v. The State Of West Bengal And ORS.

45.

Ct No.02 29.07.2024 ssi Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA No. 1456 of 2024 Ratna Sanyal Maitra -vsState of West Bengal & ors.

Mr. Sakti Pada Jana Mr. Debajit Kundu ...for the petitioner Mr. Hirak Barman Ms. Patralekha Choudhury ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was an Assistant Teacher of Dhupguri Girls' High School (HS) in the District of Jalpaiguri. On 30.04.2010 he retired from service. After retirement, he received only gratuity. No pension was granted. As per notification published by the School Education Department dated 13.06.2014 issued in compliance with a direction passed by the Hon'ble Special Bench of this Court in the judgment dated 16.07.2023 in regarding District Inspector of School (SE), Kolkata.- vs- Abhijit Baidya, the present petitioner exercised the option to switch over from CPF to GPF and refunded the employer's share of contribution with

interest and additional interest on 25.10.2014. Thereafter, PPO was issued in favour of the petitioner with effect from the date of refund of the employer's share of contribution i.e., 25.10.2014. Now the petitioner claims that the pension ought to have been released on and from the next date of retirement and not from the date of refund of the employer's share of contribution. Reliance is placed on decisions passed in WPA 27424 of 2023 on 15.12.2023 (Md. Alauddin -vs- State of W.B. & ors.), on 12.03.2024 in Pratima Joardar -vs- State of W.B. & ors (WPA 487 of 2024) and on 08.02.2022 in WPA 964 of 2022.

Learned counsel appearing on behalf of the State submits that in similar matters, appropriate orders have been passed by Co-ordinate Benches of this Court.

The petitioner in this writ petition has prayed for issuance of directions upon the respondents to release the arrear pension from the date following the date of her retirement.

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 711 and in view of the subsequent clarification in the order dated 30.09.2019 in G.A. 464 of 2018, the issue is now well settled.

In view of the above, the concerned District Inspector of School (SE) is directed to verify the records expeditiously to ascertain as to whether the petitioner has exercised the said option and refunded the employer's share of contribution within the time limited by the notification.

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 pension and shall forward the necessary recommendation and/or sanction to the Director of Pension, Provident Fund and Group Insurance, who, in turn, shall take steps to issue for payment order in favour of the petitioner with effect from the date following the date of his retirement on superannuation and the concerned Treasury Officer, thereafter shall release the pension. The entire exercise in this regard shall be completed in accordance with law and expeditiously, preferably within a period of 12 weeks from the date of communication of this order.

Accordingly, the writ petition stands disposed of.

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

(Jay Sengupta, J.)