BIJOLI BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We have heard the learned Counsel, for the parties. This appeal is directed against an order passed by the learned Single Judge dated 30th April, 2001, whereby the learned Single Judge dismissed the writ petition.

(2.) Brief facts, which are necessary for disposal, are that a scheme was made by the State Government for providing pensionary benefits to the teachers who are Provident Fund holders. The option was to be exercised within a period of 90 days from the date of issue of the memo. But the petitioner could not give the option within the time so framed. Therefore she filed an earlier writ petition being W. P. 21592(W) of 1999 which came to be disposed of by the learned Single Judge on 15.12.2000 and on that writ petition, a direction was given by the learned Single Judge to the Director of School Education, West Bengal to decide the pleas of the petitioner and to dispose of the matter in accordance with law. Thereafter, Director of School Education, West Bengal, by the impugned order dated 15.12.2000 came to the finding that the plea of the petitioner for not exercising the option on the stipulated time on the ground of illness was not tenable, in view of the fact that she enjoyed medical leave only for 9 days in 1990 and not for a day in 1991 and for only 4 days in 1992. Therefore, the Director of School Education, West Bengal found that there was no justification to condone the belated prayer of the petitioner and to give her an opportunity of filing option under the scheme for option again.

(3.) Aggrieved against that order, the present appeal has been preferred.