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Mahamay Aray v. State of West Bengal & Ors.

Calcutta HC20 Jun 2022WPA/1732/2016

Case brief

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What is this about?

This writ petition challenged the date from which pension was to be released after the petitioner's retirement. The Court held that if the employee opts to refund the employer's share within the specified time, the Revised Pension Payment Order must reflect pension entitlement from the date following retirement.

What did the court decide?

Directing the Director of Pension and Treasury Officer to verify records and issue a Revised Pension Payment Order effective from the date following retirement upon confirmation of timely refund.

Mahamay Aray Vs State of West Bengal & Ors. — Pension and Retirement Benefits | Calcutta HC (2022)

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20.06.2022 SL No. 19 Court No. 13

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

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APPELLATE SIDE

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W.P.A. 1732 of 2016

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Mahamaya Ray Vs The State of West Bengal & Ors.

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Mr. Sourav Mitra.

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… for the petitioner.

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Mr. Rakesh Singh.

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….for the State

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

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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.

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The petitioner retired from service on attaining the age of superannuation on 30.09.2013.

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In response to the notification published by the School Education Department being No. 79SE(L)/SL/5S-56/13(Pt-V) dated 13^th June, 2014 issued in compliance of the direction passed by the Hon’ble Special Bench of this Court in the judgment dated 16^th July, 2013 in the matter of District Inspector of Schools

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(S.E.), Kolkata –vs- Abhijit Baidya 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 02.09.2014.

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

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The petitioner claims that 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.

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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.).

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

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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 13^th 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

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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.

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The instant writ petition is disposed of.

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Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

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( Rajasekhar Mantha , J.)

Mahamay Aray v. State of West Bengal & Ors.

Case brief

What is this about?

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Mahamay Aray v. State of West Bengal & Ors.

Case brief

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