Allowed

Parbati Tamang Chettri v. State of West Bengal and Ors.

Calcutta HC20 Jan 2023WPA/194/2023

Case brief

AI extract

What is this about?

The Calcutta High Court allowed a writ petition by a retired Assistant Teacher seeking arrears of pension. The court directed the District Inspector of Schools to verify if the petitioner exercised her option to switch to pension-cum-gratuity within the statutory timeframe and issue a revised Pension Payment Order with effect from her superannuation date.

What did the court decide?

Direction to verify petitioner's compliance and issue Revised Pension Payment Order with effect from the date following retirement on superannuation.

Parbati Tamang Chettri Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2023)

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20.01.2023 Item No.4 Court No.18 P.Jana

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CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri

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Appellate Side W.P.A. 194 of 2023

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Parbati Tamang Chettri

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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 her said service on superannuation on September 01, 2002.

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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 her 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 her 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. 194 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.)

Parbati Tamang Chettri v. State of West Bengal and Ors.

Case brief

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Parbati Tamang Chettri v. State of West Bengal and Ors.

Case brief

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What did the court decide?

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