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Md. Abdul Ghani v. The State Of West Bengal And Others

Md. Abdul Ghani v. The State Of West Bengal And Others

(High Court Of Judicature At Calcutta)

W.P. No. 20315 (W) of 2015 | 03-03-2020

Rajasekhar Mantha, J. - The writ petitioner exercised option for pension cum gratuity scheme pursuant to a Full Bench decision of this Court in the case of D.I. of Schools v. Abhijeet Baidya and others reported in 2013(3) CHN (CAL) 711.

2. The D. I. of Schools in terms of paragraph 77 of the said judgement interpreted the same as to entitle the petitioner to pension-cum-gratuity from the date of refund of CPF amount drawn by the petitioner. Pursuant to various decisions of Single Benches of this Court interpreting paragraph 77 and at the instance of the writ petitioner, a Full Bench of this Court was reconstituted and delivered judgement on 30th September, 2019 in APOT No. 104 of 2006 and APO No. 121 of 2007. The said Full Bench clarified at paragraph nos. 54 and 55 that upon refund of quantum of money notified to a pension-cum- gratuity optee pursuant to the Full Bench decision in Abhijeet Baidya (supra), the employee would be entitled to pension from the date of actual superannuation. The petitioner superannuated from service on 31st October, 2003. However, a fresh P.P.O. order issued to him was made with effect from 10th September, 2014.

3. In view of the clarification given by the Full Bench that the order dated 30th September, 2019 (supra) the petitioner would be entitled to pension from 1st November, 2003.

4. The respondent no. 3 shall issue a fresh Pension Payment Order to the petitioner to indicate that his Pension Payment Order shall be effective from 1st November, 2003. The petitioner would be entitled to arrears of pension from 01.11.2003 till 09.09.2014.

5. As fairly conceded by counsel for the petitioner and even in the opinion of this Court, the petitioner would not be entitled to any interest for the aforesaid period for which he shall receive arrears pension.

6. Pension Payment Order shall be issued within a period of two months from date. The Treasury Officer shall pay within a month thereof.

7. With the aforesaid observations, the instant writ petition is disposed of.

8. No order as to costs.

9. Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

Advocate List

  • For the Petitioner:- Mr. Subrangsu Panda, Mr. T. Dhali and Mr. Gourab Das, Advocates.

  • For the State:- Mr. Sudeshna Das Majumdar, Advocate.

  •  

Bench
  • Hon'ble Justice Rajasekhar Mantha
Eq Citations
  • LQ/CalHC/2020/566
Head Note

Education and Universities — Service matters — Pension — Pension-cum-gratuity scheme — Exercise of option for pension-cum-gratuity scheme — Entitlement to pension — Clarified that upon refund of quantum of money notified to a pension-cum-gratuity optee pursuant to Full Bench decision, employee would be entitled to pension from date of actual superannuation — Held, in view of clarification given by Full Bench, petitioner would be entitled to pension from 1st November, 2003 — Respondent no. 3 to issue fresh P.P.O. to indicate that his P.P.O. shall be effective from 1st November, 2003 — Petitioner would be entitled to arrears of pension from 01.11.2003 till 09.09.2014 — Petitioner would not be entitled to any interest for aforesaid period for which he shall receive arrears pension — Pension Payment Order to be issued within a period of two months from date — Treasury Officer to pay within a month thereof — Service Law — Pension — Writ Petition