JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, praying for a direction upon the Regional Provident Commissioner, Kolkata to release the monthly pension of the petitioner.

2. The petitioner had joined as Group-D in West Bengal State Cooperative Agriculture and Rural Development Bank Ltd., being the respondent no. 5 herein in the year 1975. The petitioner enjoyed pensionable service and was covered by the Employees Pension Scheme, 1995 (hereinafter referred to as the ‘said Scheme’).

3. Mr. Mitra learned advocate appearing in support of the aforesaid writ application submits that in the year 2011, the respondent no. 5 had issued a notification dated 26th April, 2011, thereby offering its employees an opportunity to exercise option, in terms of paragraph 11(3) proviso of the said Scheme. It is submitted that while the petitioner was in employment, the petitioner having come across the above notification, had exercised his option in terms of paragraph 11(3) proviso of the said Scheme and thereby had agreed to pay @8.33 per cent as contributions on his salary exceeding Rs.6500/-.

4. Mr. Mitra, learned advocate, submits that both the respondent no.5 and the Provident Fund authorities acted on the basis of the aforesaid option and started realizing the additional Provident Fund contributions from the petitioner, for the same to be remitted to the pension fund. It is the petitioner’s case that notwithstanding realizing additional Provident Fund contributions from both the petitioner and other similarly placed persons in the employment of the respondent no.5, since the Provident Fund authorities were not disbursing higher pension by acting in terms of paragraph 11(3) proviso of the said Scheme, a representation was made by the respondent no. 5 to the Regional Provident Fund Commissioner, requesting them to look into the matter and to release higher pension to the employees of respondent no.5 who had since been superannuated. By letter dated 26th April, 2013, the Provident Fund Authorities rejected the claim for disbursal of higher pension.

5. Mr. Mitra submits that being aggrieved by the order of rejection, a writ application was filed before this Court by the West Bengal State Co-operative Agriculture and Rural Development Bank Employees’ Association which was registered as W.P. 2381 (W) of 2014. By an order dated 20th March, 2014, this Hon’ble Court, while setting aside the rejection dated 26th April, 2013, directed the Provident Fund Commissioner to settle the pensionary benefits of the employees of the respondent no.5, subject to such employees fulfilling all other requirements.

6. In the interregnum, however, the said Scheme was amended and paragraph 11(4) of the said Scheme was inserted with effect from 1st September, 2014, thereby permitting the employees who had been contributing on the salary exceeding Rs.6500/-per month, to exercise fresh option jointly with the employer, for contributing on the salary exceeding Rs.15000/-per month, subject to the employees contributing @1.16 per cent on the salary exceeding Rs.15000/-as an additional contribution from and out of the contributions payable by the employees for each month under the provisions of the Act or rules made thereunder.

7. By relying on a supplementary affidavit affirmed by the petitioner on 11th April, 2023, Mr. Mitra submits that consequent upon the petitioner exercising his option claiming higher pension, the General Manager of the respondent no.5, under cover of letter dated 16th July, 2015, had forwarded the documents as sought for by the Office of the Regional Provident Fund Commissioner, which included the option forms for deduction of contribution for higher wages. Mr. Mitra by relying on the letter dated 16th July, 2015, issued by the General Manager of the respondent no.5 addressed to and duly receipted by the Office of the Regional Provident Fund Commissioner, submits that the petitioner had duly exercised his option in