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Kamala De (Sahoo) v. State of West Bengal & Ors.

Calcutta HC20 Jun 2022WPA/2089/2020

Case brief

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What is this about?

The High Court disposed of a writ petition where a retired teacher sought pension from the retirement date rather than the refund date of the employer's contribution. The Court directed authorities to verify if the petitioner switched to GPF within the specified timeframe and issue a revised pension order from the retirement date.

What did the court decide?

Directed authorities to verify records and issue revised Pension Payment Order effective from date following retirement if refund of employer's share was made within specified time.

Kamala De (Sahoo) Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2022)

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Court No. 13 20.06.2022 (Item No. 253) (pk)

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W.P.A. 2089 of 2020

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Kamala De (Sahoo) VS

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The State of West Bengal & Ors.

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Mr. Tapas Kumar Dey

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…… for the petitioner Mr. Avishek Prasad … for the State.

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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 30.04.2004.

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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 14.10.2014.

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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

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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 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 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.)

Kamala De (Sahoo) v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Kamala De (Sahoo) v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

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