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Narayan Chandra Das & Anr. v. State of West Bengal & Ors.

Calcutta HC20 Jun 2022WPA/2069/2020

Case brief

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What is this about?

The Court addressed whether pension entitlement begins at retirement or refund of employer contributions. Following a prior decision, the petitioner was directed to be issued a Revised Pension Payment Order effective from the date following retirement, with pension released immediately thereafter.

What did the court decide?

Direction to issue Revised Pension Payment Order effective from date following retirement and release pension immediately thereafter within twelve weeks.

Narayan Chandra Das & Anr. Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2022)

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Court No. 13

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W.P.A. 2069 of 2020

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20.06.2022

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(Item No. 246) (pk)

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Narayan Chandra Das and another VS

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The State of West Bengal & Ors.

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Ms. Sabita Khutia (Bhunya)

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…… for the petitioners

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Mr. Avishek Prasad

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… for the State.

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The issue to be decided in the present writ petition is whether an employees 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 petitioners retired from their service on attaining the age of superannuation on 31.10.2003 and 30.06.2005 respectively.

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In response to the notification published by the School Education Department being No. 79-SE(L)/SL/5S56/13(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 (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 11.09.2014 and 05.09.2014 respectiely.

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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 petitioners claim that pension ought to have been released on and from the next date of retirement and

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not from the date of refund of the employer’s share of contribution.

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A similar issued 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 petitioners 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 petitioners 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.

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Affidavit of service kept with the record.

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The writ petition is disposed of.

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Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

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(Rajasekhar Mantha, J.)

Narayan Chandra Das & Anr. v. State of West Bengal & Ors.

Case brief

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Narayan Chandra Das & Anr. v. State of West Bengal & Ors.

Case brief

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