19.02.2026. 37 Ct.No.24. sdas WPA 9811 of 2025 Prabir Dey Vs. The State of West Bengal & Ors. Mr. Sourav Mitra, Mr. Sudipta Maiti. …for the Petitioner. Mr. Durga Bhusan Mukhopadhdyay. …for the State. 1. Affidavit of service filed on behalf of the petitioner be kept with the record. 2. The petitioner worked in the post of Escort in the Ramakrishna Mission Blind Boys Academy. On attaining the age of superannuation, he had retired from his service on April 30, 2007. 3. The petitioner is claiming to have exercised option to switchover to Pension-cum-Gratuity from CPF- cum-Gratuity and refunded the employer’s share of contribution with interest and additional interest within the time limited by the notification of the Government of West Bengal bearing No.749- SE(L)/SL/5S-56/13(Pt-V) dated June 13, 2014. 4. The grievance of the petitioner is that the Pension Payment Order was issued with effect from the date of the aforesaid refund, instead from the date following the date of his retirement on superannuation. 2 5. The petitioner by the instant writ petition is praying for issuance of a writ of mandamus commanding the respondents to release the arrear pension from the date following such date of his retirement. 6. Learned Advocate for the State respondent does not oppose the prayer of the petitioner. 7. In view of the judgment of the Special Bench of this Court in the case of DISTRICT INSPECTOR OF SCHOOLS (SE), KOLKATA VS. ABHIJIT BAIDYA, reported in 2013(3) CHN (CAL) 711 and in view of subsequent clarification of some of the paragraphs of the said judgment by the Special Bench in its order dated September 30, 2019 on G.A.464 of 2018, the issue is no longer res integra. 8. The concerned respondent No.3 is directed to verify the records expeditiously to ascertain as to whether the petitioner had exercised the said option and refunded the employer’s share of contribution within the time specified by the aforestated notification dated June 13, 2014. 9. In the event, it is found that the said option was so exercised, the said authority shall process the claim of the petitioner for arrears of pension and shall forward the necessary recommendation and/or sanction to the Director of Pension, Provident Fund and Group Insurance, who, in turn, shall take steps 3 to issue Revised Pension Payment Order in favour of the petitioner with effect from the date following the date of his retirement on superannuation and the concerned Treasury Officer, thereafter shall release the arrear pension in accordance with the Revised Pension Payment Order. 10. Entire exercise in this regard will be completed by June 30, 2026. 11. WPA 9811 of 2025 stands disposed of with the above directions without any order as to costs. 12. Parties to on a server copy of this order, duly downloaded from the official website of this Court. 13. There shall be no order as to costs. 14. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)