IN RE: SAMAPTI MITRA (NANDI) Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-1-253
HIGH COURT OF CALCUTTA
Decided on January 03,2018

In Re: Samapti Mitra (Nandi) Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Tapabrata Chakraborty, J. - (1.) Affidavit of service filed by the petitioner be kept on record. Mr. De, learned advocate appearing for the petitioner prays for leave to implead the Commissioner of School Education, West Bengal. Such prayer is considered and allowed. The learned advocate-on-record is directed to effect necessary correction in the cause title of the writ petition. As Mr. Dhole, learned advocate appearing for the State respondents can also appear for the added respondent, service of a copy of the writ petition upon the said respondent is dispensed with.
(2.) Mr. De submits that the petitioner retired from the post of a clerk in Amarkanan Mahamaya Balika Vidyalaya (in short, the said school) on 28th February, 2011. Pursuant to the government notification dated 13th June, 2014 the petitioner exercised option to switch over to Pension-cum-Gratuity and to deposit the amount of employer's share of contribution with interest and additional interest which is required to be refunded to the government within the period specified in the said notification. Thereafter, the petitioner was intimated to deposit an amount of Rs. 4,10,907/- which she duly deposited through treasury challan on 6th September, 2014. About ten months thereafter, the petitioner was asked to deposit a further amount of Rs. 3249/-. The said amount was also deposited by the petitioner on 28th July, 2015. Thereafter the pension payment order was issued in favour of the petitioner sanctioning pension with effect from 28th July, 2015.
(3.) According to Mr. De the authorities initially did not intimate the correct amount which was required to be deposited by the petitioner. For such laches on the part of the authorities, the petitioner cannot be made to suffer. The initial deposit as demanded was paid by the petitioner indisputably on 6th September, 2014 and as such, she became entitled to pension with effect from the said date of deposit. Claiming pension with effect from 6th September, 2014 the petitioner submitted representations to the respondent nos. 2 and 3 but in vain.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.