IN RE: TARA (GHOSH DASTIDAR) CHAKI Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-1-383
HIGH COURT OF CALCUTTA
Decided on January 09,2018

In Re: Tara (Ghosh Dastidar) Chaki Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Tapabrata Chakraborty, J. - (1.) The present writ petition has been preferred challenging the inaction on the part of the respondents to disburse the pensionary benefits of the petitioner, who has retired from the post of headmistress of Shyamsundar Balika Vidyalaya (High) (in short, the said school) on 28TH February, 2011.
(2.) Ms. Sanyal, learned advocate appearing for the petitioner submits that the petitioner was initially a Contributory Provident Fund (in short, CPF) optee. In terms of the government notification dated 13th June, 2014 pertaining to West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit), 1981, the petitioner exercised option for pension including family pension-gratuity. Such option was accepted and the petitioner was asked to refund an amount of Rs. 5,51,320/- towards the government share of CPF along with interest. The said amount was duly refunded by the petitioner on 21st October. 2014. Subsequent thereto, liability/no liability certificate was also issued by the headmistress of the said school on 12th November, 2014. Thereafter the pension payment order was issued in favour of the petitioner entitling her to avail the pensionary benefits with effect from the date of refund of CPF contribution with interest as would be explicit from the pension payment order issued by the competent authority on 24th August, 2015. In spite of issuance of such pension payment order, the pensionary benefits have not been released.
(3.) Mr. Bhattacharya, learned appearing for the State respondents has not been able to answer the query of this Court as to why the pensionary benefits have not been released in favour of the petitioner though the no liability certificate and the pension payment order have already been issued, as would be evident from the documents appearing at pages 28 and 29 of the writ petition.;


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