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2022 DIGILAW 744 (CAL)

Ram Prasad Mukherjee v. State of West Bengal

2022-05-17

AMRITA SINHA

body2022
JUDGMENT : 1. The petitioner is a retired primary school teacher. While he was in service, he was implicated in a criminal case and placed under suspension. While the petitioner was under suspension, he retired from service in the year 2017. The learned Judge, Special Court-cum-Additional District and Sessions Judge, Durgapur by an order dated January 10, 2018 acquitted the petitioner from the criminal case and discharged him from the bail bond. 2. The Chairman, District Primary School Council, Burdwan by an Office Memorandum dated December 17, 2019 withdrew the suspension order and directed the Sub-Inspector of Schools to draw the arrear salary bill of the petitioner. 3. The petitioner submits that while he was under suspension, he submitted his format for option before the Sub-Inspector of Schools, Kanksa-I Circle on September 1, 2014 in accordance with the judgment passed by the Hon’ble Larger Bench, High Court in APO No.94 of 2009 (State of West Bengal & Ors. vs. Abhijit Baidya & Ors.). The said option form was forwarded by the Sub-Inspector of Schools to the District Inspector of Schools (P.E.) by a memo dated September 1, 2014 and a copy of the application along with two sets of option forms of the petitioner praying for deposition of the employer’s share of contribution for the purpose of switching over from the CPF scheme to the pension including the family pension-cum-gratuity scheme was forwarded to the Chairman, District Primary School Council, Burdwan. 4. The grievance of the petitioner is that after his retirement the amount on account of contributory provident fund has been credited in his account and he has not been intimated till date the amount which he is supposed to refund on account of the employer’s share of contribution. 5. The petitioner submits that the Chairman, District Primary School Council, Burdwan by a cryptic order dated August 31, 2015 intimated the Sub-Inspector of Schools, Kanksa Circle that the prayer of the petitioner for converting from CPF to GPF scheme cannot be considered now as per the Court’s directive. The reason as to why the prayer for conversion cannot be allowed, is not disclosed in the said communication. 6. The reason as to why the prayer for conversion cannot be allowed, is not disclosed in the said communication. 6. As it appears from the documents annexed to the writ petition that the petitioner submitted his option form within the time as specified by the Hon’ble Larger Bench and as per the notification published by the School Education Department, Law Branch on June 13, 2014, accordingly, the respondent authorities were bound to verify the statement showing the amount of employer’s share of contribution of CPF with interest and additional interest up to the date of exercising the option within 15 days from the date of receipt of the same. 7. The head of the institution was required to return the original statement verified and duly checked to the employee for depositing the amount specified on account of the employer’s share of CPF with interest and additional interest to the Government treasury. 8. In the present case, though the petitioner submitted his option within the due date but the respondent authorities did not take steps to intimate the petitioner the quantum of the amount which the petitioner is required to refund on account of CPF with interest and additional interest. It was the laches on the part of the respondent for which the petitioner was not in a position to refund the amount in terms of the order passed by the Hon’ble Larger Bench. 9. As such, the rejection of the prayer of the petitioner by the Chairman, District Primary School Council for converting from CPF to GPF scheme is absolutely bad in law and liable to be set aside. The petitioner has long retired from service. He is entitled to get the benefit of the order passed by the Hon’ble Larger Bench as the petitioner complied with the direction passed in the said order. 10. In view of the above, the instant writ petition is disposed of by directing the District Inspector of Schools (P.E.) to intimate the petitioner the amount that he is supposed to refund on account of CPF along with interest and additional interest till the date of submission of option. The amount shall be intimated to the petitioner at the earliest but positively within a period of four weeks from the date of communication of this order. 11. The amount shall be intimated to the petitioner at the earliest but positively within a period of four weeks from the date of communication of this order. 11. On refund of the aforesaid amount, the District Inspector of Schools shall take necessary steps to convert the petitioner to the GPF scheme and take steps for disbursing the dues in his favour at the earliest. 12. The impugned communication dated August 31, 2015 passed by the Chairman, District Primary School Council, Burdwan is set aside and quashed. 13. The petitioner retired from service in January 2017. He will be entitled to get his pension and other benefits on and from the date of his retirement. As the terminal benefit was not paid to him in proper time the petitioner will also be entitled to interest at the rate of 5% PA on and from the date of his acquittal in the criminal case till the date of actual payment of the pensionary benefits in his favour. 14. The writ petition and the connected application stand disposed of. 15. Urgent certified photocopy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.