LAKSHMI KANTA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It appears to this Court that only a short point of law is involved in the matter. Therefore, it can be decided at the threshold without wasting any time by exchange of affidavits. The short point is whether on the basis of the application of the petitioner, authority can convert the pensionary benefit from the Contributory Provident Fund to the General Provident Fund under ROPA Rules 1998 or not.

(2.) It appears that on the earlier occasion when different matters came up for hearing I have passed similar orders which might or might not have any effect generally but by now the subject-matter is so well-settled that the same cannot be said to be disallowed by this Court. Previously, there was a memorandum beirg No. 496- Edn(B)/lM-39/91 dated 16.12.91 under which the option for converion from the Contributory Provident Fund to the General Provident Fund was directed to be given within a period of 90 days from the date of issuance of the memorandum. The petitioner submitted option as per ROPA - 96 and his pay was fixed in the revised scale of pay with effect from 1st April, 1996.

(3.) Subsequent to the same in the year 1999 under memorandum No. 25- SE(B)/ 1M-102/98 fresh scope had been given to teaching and non-teaching staff in its clause 13 as follows :