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Shyamali Ray v. State of West Bengal and Ors.

Calcutta HC20 Jun 2022WPA/2848/2021

Case brief

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What is this about?

This order addresses a petition claiming pension should be released from the date of retirement rather than the date of refunding employer contributions. The petitioner requests a revised order for her deceased husband. The court directs relevant authorities to verify records and, if the refund condition is met, issue a revised order to release pension from the date following retirement. The petit

What did the court decide?

Directing the Director of Pension and Treasury Officer to verify records; if appellant exercised the option and refunded the employer's share within the specified time, issue Revised Pension Payment O

Shyamali Ray Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2022)

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20.06.2022 Court No.13 Item No.262 AP

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WPA 2848 of 2021

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Shyamali Ray Vs.

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The State of West Bengal and Ors.

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Mr. Sudip Sarkar

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... For the Petitioner.

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Mr. Bhaskar Prasad Vaisya Mr. S. Chatterjee

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... For the State.

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Affidavit-of-service filed in Court today is taken on 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’s husband retired from service on attaining the age of superannuation on 31.07.2003. The employee died on 09.05.2018.

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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 13th 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 –vsAbhijit Baidya the petitioner’s husband exercised option to switch over from CPF to GPF and claims

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to have refunded the employer’s share of contribution with interest and additional interest on 22.01.2015.

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Pension Payment Order was issued in favour of the husband 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 in favour of her husband 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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The teacher died on 09.05.2018 and accordingly the revised pension payment order is required to be issued in favour of the widow of the deceased employee.

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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 husband of the petitioner exercised option and refunded the employer’s share of contribution

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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 of her husband 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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The writ petition stands 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.)

Shyamali Ray v. State of West Bengal and Ors.

Case brief

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Shyamali Ray v. State of West Bengal and Ors.

Case brief

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