Allowed

Jyotsna Ghosh v. State of West Bengal and Ors.

Calcutta HC18 Jan 2023WPA/24398/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the writ petition, directing the State to verify if the deceased employee exercised the option to switch to Pension-cum-Gratuity and refund contributions. If verified, authorities were ordered to process the claim for family pension arrears from the retirement date within twelve weeks.

What did the court decide?

Petitioner entitled to arrear family pension; State directed to verify records and process claim within twelve weeks.

Jyotsna Ghosh Vs State of West Bengal and… — Pension and Retirement Benefits | Calcutta HC (2023)

18.01.2023 (D/L-25)

Ct.-18 (Susanta)

W.P.A. 24398 of 2022

Jyotsna Ghosh

-Vs-

The State of West Bengal & Ors.

¶7

Mr. Ashis Kumar Paul,

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.… For the Petitioner.

¶9

Mr. Sudip Sarkar,

¶10

…. For the State.

¶11

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record.

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The husband of the petitioner was a Clerk, on May 31, 2011 he retired from his said service on superannuation and he died on December 05, 2021.

¶13

The petitioner is claiming that her husband exercised option to switch over to Pension-cumGratuity 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. 749-SE(L)/SL/5S-56/13(Pt-V) dated June 13, 2014.

¶14

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 retirement of the employee concerned 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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family pension from the date following such date of retirement of the employee concerned.

¶18

Learned advocate for the State-respondents does not oppose the prayer of the petitioner.

¶19

In view of the judgment of the Special Bench of this Court in the case of DISTRICT INSPECTOR OF

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SCHOOLS(SE), KOLKATA vs. ABHIJIT BAIDYA

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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 employee concerned 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.

¶23

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 family 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 retirement of the employee concerned on superannuation and the concerned

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Treasury Officer, thereafter shall release the family 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. 24398 of 2022 stands disposed of with the above directions. There shall be no order as to costs.

¶28

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

¶29

(Biswajit Basu, J.)

Jyotsna Ghosh v. State of West Bengal and Ors.

Case brief

What is this about?

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Jyotsna Ghosh v. State of West Bengal and Ors.

Case brief

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