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2025 Supreme(Online)(Cal) 3968
CALCUTTA HIGH COURT
Saugata Bhattacharyya, J
Smt. Chanparani Santra – Appellant
Versus
The State of West Bengal – Respondent
W.P.A. 16525 of 2024
For the Appellants/Petitioners: Mr. Tulsidas Maiti
For the Respondents:
Timely exercise of option under pension schemes entitles beneficiaries to full pension benefits from superannuation date.
Headnote:This case involves the petitioner, a widow of a retired teacher, seeking a revised Pension Payment Order upon the death of her husband. The court referenced the Contributory Provident Fund Scheme and relevant government notifications concerning pension benefits. The court found merit in the petitioner’s claim for benefits from the date of superannuation instead of the date of refund, given proper option was exercised timely. As such, the state was directed to issue a revised pension order benefiting the petitioner accordingly within twelve weeks.
| Table of Content |
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| 1. court's directive on revising pension based on governmental notifications. (Para 1 , 7) |
| 2. claim for revised pension payment order based on timely exercised options. (Para 2 , 3 , 4 , 5 , 6) |
| 3. final verdict ordering issuance of pension payment. (Para 8 , 9 , 10) |
1. Affidavit-of-service filed on behalf of the petitioner is taken on record. In spite of service of notice State respondents are not represented.
2. The writ petitioner is a widow of a retired Head Teacher, who superannuated on 28th February, 2007 and got the benefit under the Contributory Provident Fund Scheme (CPF). Subsequently, husband of the petitioner exercised option to come under the Pension-cum-Gratuity Scheme in terms of Government Notification dated 13th June, 2014 which was issued in terms of the judgment of the Special Bench dated 16th July, 2013 passed on intra court appeal being APO No.94 of 2009 (State of West Bengal & Ors. –vs- Abhijit Baidya & Ors.).
3. The husband of the petitioner died 24th July, 2023 and accordingly the claim is laid by the present petitioner for issuance of revised Pension Payment Order.
4. It has also been submitted on behalf of the petitioner that as per demand of the State respondents husband of petitioner has deposited the amount along with interest and additional interest which he received under CPF Scheme.
5. However, the grievance of the petitioner is after taking steps in terms of the said notification dated 13th June, 2014 by issuing pension payment order dated 15th June, 2015 pensionary benefit was sanctioned in favour of the employee not from the date following the date of his retirement but from the date of refund which the employee made after exercising option in terms of the said notification dated 13th June, 2014. Petitioner claims issuance of revised pension payment order thereby sanctioning pensionary benefits from the date following the date of husband’s superannuation based on the judgment of the Special Bench dated 30th September, 2019 passed on intra Court appeal being APO No.121 of 2007.
6. It appears that the teacher did exercise option within time in terms of the said notification dated 13th June, 2014 and the teacher on duly exercising option in terms of notification dated 13th June, 2014 switched over from CPF to Pension-cum- Gratuity Scheme. On placing reliance on paragraph
55 of the judgment of the Special Bench dated 30th September, 2019, this Court does not find any impediment in extending the benefit of pension to the petitioner from the date following the date of teacher’s retirement provided exercise of option is made within time and refund has been made as per the calculation of the State respondents.
7. Accordingly, this Court directs the State respondents to issue revised pension payment order in favour of the petitioner within twelve weeks from the date of communication of this order thereby extending the benefit of pension/family pension from the date following the date of teacher’s superannuation.
8. With the above direction, the writ petition stands disposed of.
9. However, there shall be no order as to costs.
10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
