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Rabindra Nath Shee & Ors. v. State of West Bengal & Ors.

Calcutta HC20 Jun 2022WPA/3381/2020

Case brief

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What is this about?

This order addressed whether pension eligibility starts from retirement or refund of employer contributions. Following Sitala Mandal (Chaudhuri), the court directed authorities to verify if petitioners refunded contributions within the notification period. If so, a revised pension order must be issued effective from the date following superannuation, with immediate pension release.

What did the court decide?

Directing authorities to verify records and issue revised pension orders effective from the date following superannuation if petitioners refunded contributions within the specified time; payment to be

Rabindra Nath Shee & Ors. Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2022)

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20.06.2022 Court No.13 (Item No.258)

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IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side

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WPA 3381 of 2020

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Rabindra Nath Shee & Ors.

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-versus

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The State of West Bengal & Ors.

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Ms. Sabita Khutia (Bhunya) …For the Petitioners.

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Mr. Tapas Kumar Kundu …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 the 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 service on attaining the age of superannuation on 30.04.2010, 30.11.1999 and 31.01.2006 respectively.

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

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exercised option to switch over from CPF to GPF and claims to have refunded the employer’s share of contribution with interest and additional interest on 07.11.2014, 22.09.2014 and 10.09.2014 respectively.

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Pension Payment Order was issued in favour of the petitioners 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 their 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 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

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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.)

Rabindra Nath Shee & Ors. v. State of West Bengal & Ors.

Case brief

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Rabindra Nath Shee & Ors. v. State of West Bengal & Ors.

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