Item No.27

05.01.2026

Court. No. 2

(gc)

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION

WPA 2635 of 2025

Manjula Sawhney

VS

The State of West Bengal & Ors.

Mr. Debajit Kundu

… for the Petitioner.

Mr. P. Das,

Mr. Sourav Sarkar

…for the State.

1. Affidavit-of-service filed in Court today is taken

on record.

2. The issue to be decided in the present writ

petition is whether an employee would 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.

3. The petitioner retired from service on attaining

the age of superannuation on 30th September,

2009.

4. 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 16^th 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 claims to have refunded the employer's share of contribution with interest and additional interest on 29^th August, 2014.

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

6. 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.

7. 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.).

8. The judgment passed in the aforesaid matter on

8^th February, 2022 will cover the present writ petition.

9. 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 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.

10. The writ petition stands disposed of.

11. There shall be no order as to costs.

12. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)