AMARESH CHANDRA BERA Vs. STATE

JUDGEMENT

(1.) Initially, the appellant had opted on 26th June, 1990 for Contributory Provident Fund under the DCRB scheme. Subsequently, he revised such option on 16th January, 1992 and opted for the Government Provident Fund. This would be evident from the document available at page 28 of the paper book which is a communication by the Teacher-in-Charge addressed to the concerned District Inspector of School.

(2.) Since the position has fallen foul before the Authorities, he was posed to the fore of the Writ Court at the first instance. This saw an order passed by an Hon ble Single Judge on 22nd February, 2007 in connection with W.P. 11396 (W) of 1999 whereby the Hon ble Single Judge referred the entire issue for decision before the Secretary, Education Department. It would be pertinent to note that there was a finding by the Hon ble Single Judge in paragraph 4 of His Lordship s order which reads as under:-

(3.) In terms of the direction passed by the Hon ble Single Judge on 22nd February, 2007 the matter came before the respondent No. 3 in the present appeal (who happened to be respondent No. 2 in the said writ petition) in the manner that we have noticed hereinabove. The respondent No. 3 on 5th December, 2007 (page 52 of the paper book) refused the prayer of the appellant and amongst other findings held:-