Allowed

Kamal Rai v. State of West Bengal and Ors.

Calcutta HC20 Jan 2023WPA/191/2023

Case brief

AI extract

What is this about?

In a writ petition, this court directed the State to release arrears of pension to a retired assistant teacher. The petitioner had opted to switch to Pension-cum-Gratuity within the specified statutory timeline. This court, citing a Special Bench judgment, held the petitioner was entitled to arrears from the date following retirement.

What did the court decide?

Direction to the District Inspector of Schools to verify records, process the claim for arrears, and issue a Revised Pension Payment Order with effect from the date following retirement.

Kamal Rai Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2023)

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20.01.2023 Item No.1 Court No.18 P.Jana

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CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri Appellate Side W.P.A. 191 of 2023

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Kamal Rai

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-Vs-

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The State of West Bengal & Ors.

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Mr. Keshab Chandra Das, Ms. Aparajita Mondal, Mr. Biplab Adak,

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……for the petitioner.

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Affidavit-of-service filed by the learned advocate

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for the petitioner be kept with the record.

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In spite of service, none appears on behalf of the State-respondents.

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The petitioner was an Assistant Teacher and retired from his said service on superannuation on March 01, 2008.

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The petitioner is claiming to have exercised option to switch over to Pension-cum-Gratuity from CPF-cum-Gratuity and refunded the employer’s share of contribution with interest and additional interest within the time limited by the notification of the Government of West Bengal bearing No. 749SE(L)/SL/5S-56/13(Pt-V) dated June 13, 2014.

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The grievance of the petitioner is that the Pension Payment Order was issued with effect from the date of the aforesaid refund, instead from the date following the date of his retirement on superannuation.

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The petitioner by the instant writ petition is praying for issuance of a writ of mandamus commanding the respondents to release the arrear

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pension from the date following such date of retirement.

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In view of the judgment of the Special Bench of this Court in the case of DISTRICT INSPECTOR OF SCHOOLS(SE), KOLKATA vs. ABHIJIT BAIDYA reported in 2013(3) CHN (CAL) 711 and in view of subsequent clarification of some of the paragraphs of the said judgment by the Special Bench in its order dated September 30, 2019 on G.A. 464 of 2018 , the issue is no longer res integra .

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The petitioner is entitled to the arrear pension, as prayed for. The concerned District Inspector of School (SE) is directed to verify the records expeditiously to ascertain as to whether the petitioner had exercised the said option and refunded the employer’s share of contribution within the time limited by the aforesaid notification dated June 13, 2014.

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In the event, it is found that the said option was so exercised, the said authority shall process the claim of the petitioner for arrears of pension and shall forward the necessary recommendation and/or sanction to the Director of Pension, Provident Fund and Group Insurance, who, in turn, shall take steps to issue Revised Pension Payment Order in favour of the petitioner with effect from the date following the date of his retirement on superannuation and the concerned Treasury Officer, thereafter shall release the pension in accordance with the Revised Pension Payment Order.

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Entire exercise in this regard is required to be completed within a period of twelve weeks from the date of communication of this order.

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W.P.A. 191 of 2023 stands disposed of with the above directions. There shall be no order as to costs.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

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(Biswajit Basu, J.)

Kamal Rai v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Kamal Rai v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

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