Sibdas Banerjee Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Sibdas Banerjee Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Director of Pension, Provident Fund and Group Insurance and the Treasury Officer to verify records and, upon finding that the petitioner exercised option and refunded the employer's share of contribution within the time specified in the notification dated 13th June 2014, issue a Revised Pension Payment Order with effect from the date following retirement on superannuation and release pension immediately upon issuance thereof, within twelve weeks of communication of the order; DI of Schools to process the arrears claim and forward sanction to the DPPG.

Issue for consideration

Whether an employee is entitled to receive pension on and from the date following retirement, or only from the date of refund of the employer's share of contribution.

Court's answer

The judgment dated 8th February 2022 in WPA No. 964 of 2022 (Sitala Mandal (Chaudhuri) v. State of West Bengal & Ors.) covers the present writ petition.

Ratio / Principle

The Director of Pension, Provident Fund and Group Insurance and the concerned Treasury Officer were directed to verify the records and, if the petitioner exercised option and refunded the employer's share of contribution within the time specified in the notification dated 13th June 2014, to issue a Revised Pension Payment Order with effect from the date following the date of retirement on superannuation and release pension accordingly, such steps to be taken within twelve weeks of communication of a copy of the order.

Key takeaways

The DI of Schools concerned was directed to process the claim for arrears of pension and make/forward the necessary recommendation/sanction to the DPPG expeditiously, the DPPG to act on such recommendation/sanction.ratio¶23

Detailed headnote1 paragraphs

Pension – date of commencement – CPF to GPF switch-over: An employee who retired on superannuation on 31.10.2004 and, in response to School Education Department notification No. 79SE(L)/SL/5S-56/13(Pt-V) dated 13.06.2014 (issued pursuant to the Special Bench judgment dated 16.07.2013 in District Inspector of Schools (S.E.), Kolkata v. Abhijit Baidya), exercised option to switch from CPF to GPF and refunded the employer's share of contribution with interest and additional interest on 26.08.2014, is entitled to pension on and from the date following retirement and not from the date of refund. Relying on Sitala Mandal (Chaudhuri) v. State of West Bengal, WPA No. 964 of 2022 (decided 08.02.2022), the DPPG and the Treasury Officer were directed to verify the records and, on finding timely option and refund, issue a Revised Pension Payment Order effective from the date following retirement and release pension/arrears within twelve weeks, the DI of Schools to process the arrears claim and forward sanction to the DPPG.

13.12.2023 SL No. 274 Court No. 13

ap

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

W.P.A. 22782 of 2023

Sibdas Banerjee Vs The State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das.

… for the petitioner.

Mr. Soumik Dey.

...for the State.

Affidavit of service filed in Court today be kept with the record.

The issue to be decided in the present writ petition is whether an employee 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.

The petitioner retired from service on attaining the age of superannuation on 31.10.2004.

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

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July, 2013 in the matter of District Inspector of Schools (S.E.), Kolkata –vs- Abhijit Baidya the petitioner exercised option to switch over from CPF to GPF and refunded the employer’s share of contribution with interest and additional interest on 26.08.2014.

Pension Payment Order was issued in favour of the petitioner with effect from the date of refund of the employer’s share of contribution.

The petitioner claims that pension ought to have been released on and from the next date of retirement and not from the date of refund of the employer’s share of contribution.

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.).

The judgment passed in the aforesaid matter on 8^th February, 2022 will cover the present writ petition.

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 petitioner 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 petitioner with effect from the date following the date of retirement on superannuation and to release the

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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 positively be released immediately upon issuance of the Revised Pension Payment Order.

For the aforesaid purpose, the DI of Schools concerned shall process the claim for arrears of pension and make/forward a necessary recommendation/sanction to the DPPG expeditiously. The DPPG in turn shall act based on such recommendation/sanction.

The instant writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Rajasekhar Mantha , J.)