Education department finally issues order for option to Pension plan by switching over from CPF

KalimNews, Kalimpong, 17 June 2014: State education department finally issued order to give opportunity to all the school teachers who were seeking permission to submit option to switch- over to Pension-cum-Gratuity. They had approached the high court and the supreme court and both have issued orders in their favour.
This order of public notice for all the petitioners and other employees will be published in 4 newspapers having wide circulation in this State. Three months' time period will be given to them to exercise option and return and 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.

A published gazette notification vide memo no. No. 749-SE (L)/SL/5S-56/13(Pt-V) dated 13th June 2014 states that three months time period shall be given to the teaching and non-teaching staff of recognized non- government aided educational institutions whether in service or retired, to switch over to Pension-cum-Gratuity Scheme under the West Bengal Recognized Non-Government Educational Institutions (Death-cum-Retirement Benefit) Scheme.
School Education also has issued departmental order to all District Inspectors vide memo no. 763 (21)-SE (L)/SL/5S-56/13(Part V) dated 16th June 2014.The order and the option form however mentions that the pension will be admissible only from the date of return of Government share of PF with interest and additional interest, which clears that no arears of pension is admissible.

The order is issued in compliance with the judgment and order dated 16.07.2013passed by the Hon'ble Special Bench of the Hon'ble High Court at Calcutta which disposed of APO No.94 of 2009 (State of West Bengal & Ors. Vs. Abhijit Baidya & Ors.)(which was heard alongwith other analogous matters). The High Court also dismissed the Special Leave Petition being SLP(C) No.682 of 2014 filed by the State Government challenging the judgment and order dated July 16, 2013 passed by the Hon'ble Special Bench and also was dismissed by the Hon'ble Supreme Court of India on 24.02.2014.

The order states that the period for exercising the option is three months from the first date of publication of the said public notice in newspapers. The received copy of the said option is to be submitted to the District Inspector of Schools/Additional District Inspector of Schools/Assistant Inspector of Schools in charge of the Sub-Division within 15 days from the date of exercise of such option.

The Head of the Institution/Sub-Inspector of Schools/Secretary, on receipt of option shall accept and countersign the same with full signature, designation and date with seal of the office. Thereafter shall prepare and submit Statement in duplicate showing the amount of Employer's Share of Contributory Provident Fund with simple interest @ 8.7% and additional interest @ 3.3% (to be calculated from the date of receipt of CPF by such employee) up to the date of exercise of the said option, within 15 days from the date of receipt of the option from the employees to the office of the concerned DI/ADI/AI of Schools in charge of the Sub-Division/District Primary School Council as the case may be. One copy of original Statement shall be kept In the school/office of the SI of Schools.

The office of the concerned DI or AI of Schools in charge of the Sub-Division shall verify the original Statements showing the amount of Employer's Share of CPF with interest and additional interest up to the date of exercise of the said option within 15 days from the date of receipt of the same from Head of the Institution and return the original Statement verified and duly checked to the said employees through Head of the Institution within 15 days from the date of such communication.

The said employees shall have to deposit the said specified amount of employer's share of CPF with interest and additional interest to the Government Treasury by way of Treasury Challan through the concerned DI or AI of Schools within 7 days from the date of receipt of verified Statement.

The employees who have already retired from service on superannuation or whose tenure of service remains less than 15 months shall submit pension papers with original Challan for refund of employer's share of CPF to the office of the District Inspector of Schools within 8 days and further processing of their pension cases will be done as per provisions of G.O. N0.88-SE (B) dated 26.05.1998.

The DI of Schools, within 15 days, shall send the pension papers to the office of the Director of Pension Provident Fund and Group Insurance, West Bengal after getting verified by the concerned Deputy Director of Accounts/Joint Director of Accounts. The Director of Pension Provident Fund and Group Insurance, West Bengal shall issue Pension Payment Orders in respect of those who have already retired. The said employees shall be entitled to pension in accordance with law with effect from the date refund is made as per direction of the Hon'ble High Court.

Employer's share of CPF shall be discontinued from the month following the month of option exercised to the effect of this notification in those cases where employees are still in service on the date of exercise of option.