Meera Chhetri v. The State Of West Bengal And ORS.

08.08.2023 Ct. No.2 b.das

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 1772 of 2023 Meera Chhetri Vs.

The State of W.B. & Ors.

Mr. Anirban Chakraborty ...for the petitioner.

Mr. Subir Kr. Saha Mr. Pretom Das ..for the State.

Affidavit of service filed by the petitioner is taken on record.

The husband of the petitioner was an assistant teacher of high school and superannuated on 30th September, 2000. The petitioner's husband initially exercised option under the Contributory Provident Fund-cum-Gratuity for which his case was not considered within the purview of the West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement Benefit Scheme), 1981 for getting pension. He has received gratuity as per the Pension Payment Order issued by the concerned Authority. In terms of a Notification published by the School Education Department the petitioner's husband exercised option to come under the New Revised Pay Scale as

per ROPA Rules, 1990. He was initially not allowed to switch over to the General Provident Fund Scheme (In short 'GPF Scheme') from the Contributory Provident Fund Scheme (In short 'CPF Scheme'). Pursuant to several judgments passed by this Court the petitioner's husaband was allowed to switch over from the CPF Scheme to GPF Scheme and refunded the employer's share of contribution along with interest on 23rd August, 2014. Pension Payment Order was issued in his favour with effect from 6th August, 2015.

It is contended on behalf of the petitioner that in view of the judgments passed by this Court, the petitioner is entitled to pension from the date following the date of retirement of her husband in accordance with DCRB Rules.

It is submitted on behalf of the State respondents that the prayer of the petitioner may be allowed subject to the petitioner depositing the employer's share of contribution along with interest and additional interest thereon. The petitioner's husband has deposited the employer's share of contribution along with interest and additional interest thereon on 23rd August, 2014.

In view of the above, the writ petition is disposed of directing the Director of Pension, Provident Fund & Group Insurance, West Bengal

and the Treasury Officer, Kalimpong being the respondent Nos.4 and 5 herein to verify the relevant records and in the event it is found that the petitioner's husband has exercised option and has refunded the employer's share of contribution along with interest and additional interest thereon within the specified time period, the concerned Authorities are directed to take steps for issuance of revised Pension Payment Order in favour of the petitioner with effect from the date following the date of superannuation of her husband. The Authorities are further directed to release the arrear pension in accordance with the revised Pension Payment Order within two months from the date of communication of this order.

With the above observations and directions the writ petition is disposed of.

However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)