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Srishtidhar Ghosh v. State of West Bengal and Ors.

Calcutta HC25 Jan 2023WPA/28507/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by directing the District Inspector of School (SE) to verify if the petitioner exercised an option to switch from CPF to Pension-cum-Gratuity and refunded the employer's share within the stipulated timeframe. If verified, the authority is directed to process the claim for pension arrears from the date following retirement.

What did the court decide?

Directions to verify the petitioner's option exercise and refund within 12 weeks; issue Revised Pension Payment Order with arrears from the date following retirement.

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

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25.01.2023 Item No.72 Court No.18 SK

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W.P.A. 28507 of 2022

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Srishtidhar Ghosh

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-Vs-

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The State of West Bengal & Ors.

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Mr. Ashis Kumar Paul

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……for the petitioner.

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Affidavit-of-service filed by the learned advocate 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 approved Assistant Teacher and retired from his said service on superannuation on February 28, 2013.

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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. 28507 of 2022 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.)

Srishtidhar Ghosh v. State of West Bengal and Ors.

Case brief

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Srishtidhar Ghosh v. State of West Bengal and Ors.

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