Form No.J(2)

CIRCUIT BENCH OF CALCUTTA HIGH COURT

AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION

Present: The Hon’ble Justice Aniruddha Roy

WPA 1833 OF 2025 Sanchayeta Dey (Kar)

Vs.

The State of West Bengal & Ors.

For the Petitioner : Ms. Amrita Maji, Adv. For the State : Mr. Pretom Das, Adv.

Mr. Pradip Sarkar, Adv.

Heard on : 04.09.2025 Judgment on : 04.09.2025

Aniruddha Roy, J.

Affidavit of service filed in Court today is taken on 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

The mother of the petitioner retired from service on attaining the age

of superannuation on 31.07.2005.

In response to the notification published by the School Education

Department being No. 79- SE(L)/SL/5S-56/13(Pt-V) dated 13th June,

2014 issued in compliance of the direction passed by the Hon'ble Special Bench of this Court in the judgment dated 16th 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

28.08.2014 and the mother of the petitioner died on 28.11.2022 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 8th 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 the time specified in the notification dated 13th 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 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 On the above terms, this writ petition being WPA 1833 of 2025 stands disposed of, without any order as to costs.

Photostat certified of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)

D. Das, P.A.