ISWAR CHANDRA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this WP under art.226 of the Constitution of India dated February 26, 2010 is questioning deduction of Rs.86,551 from his retirement benefits. He was a primary school teacher. He opted in to the Revision of Pay and Allowance Rules, 1990 made by the Government of West Bengal. Accordingly, he was to retire from service on reaching the age of 60 on November 30, 1993.

(2.) He was free not to opt in to the Revision of Pay and Allowance Rules, 1990 and to continue to enjoy the benefits of the Revision of Pay and Allowance Rules, 1981 in to which he had previously opted. In such case, after reaching 60 he would have been entitled to yearly extensions upto the age of 65. At the relevant date he chose not to opt in to the 1990 Rules, and accordingly, he started getting the yearly extensions under the 1981 Rules.

(3.) On June 30, 1996 when he was enjoying the third extension his service stood terminated, because he decided to opt in to the 1990 Rules. The Government of West Bengal issued an order dated August 12, 1998 for resolving the problems such as the one of the petitioner's. Since the petitioner was not entitled to the benefits of both the 1990 and the 1981 Rules at once, he was required to act on the Government Order dated August 12, 1998, if he wished to get the benefits of the 1990 Rules.