RABINDRA NATH BAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have opted for pensionary benefit as available under G.A. No. 496-Edn(B)/IM-39/91 dated 16th Dec., 1991 issued by Joint Secretary to the Government of West Bengal within the prescribed period of time i.e. 90 days from the date of issuance of such memorandum.

(2.) Such memorandum provides further that in case of such option the employer's share of contribution together with interest and additional interest shall be refunded to the Government forthwith.

(3.) It appears that under Memo No. GA/1086 dated 17th July, 1998 the concerned District Inspector of Schools (S.E.) South 24-Parganas issued a letter to the School by saying that the Assistant Teachers i.e. the petitioners herein have reopted for Pension-cum-Gratuity within the stipulated time as per G.O. No. 496-Edn dated 16th Dec., 1991. On that basis he was requested to refund with interest Government share of P.F. etc. of the above named staff of the School immediately and to transfer own share to the head of A/C No. 8336 without any further delay. About 14 days thereafter such order was withdrawn by the authority under the Memo No. 222 Law dated 31st July, 1,998 by saying that contention of this office memo No. GA/1086 dated 17th July, 1998 is hereby withdrawn as the same is not covered by the existing rules in force as embodied in G.O. No. 496-Edn(B) dated 16th Dec., 1991 read with G.O. No. 148-Edn(B) dated 21st May, 1990.