SUBAL CHANDRA SAHU Vs. STATE OF W B

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for conversion of his option from Contributory Provident Fund scheme to the Pension scheme including General Provident Fund that is Pension including Family Pension. The petitioner alleged that he his an Assistant Teacher in Amarshi Brindaban Chandra Girls' High School, Vill & P.O.-Amarshi, District-Purba Midnapore and he is an approved Teacher.

(2.) In the year 1985 the State Government has issued a notification under Memo No. 136-Edn(B) dated 15.5.1985 for availing the opportunity for Contributory Provident Fund-cum-Gratuity and in pursuance to the said notification the petitioner exercised his option with a view to availing the opportunity of Contributory Provident Fund.

(3.) Subsequently in relaxation of Memo No. 136 End(B) dated 15.5.1985 and partial modification the Government issued another Memo being No.496-End(S)/39/91 dated 16.12.1991. In this memo it was observed that the approved teaching and non-teaching staffs of Aided Non-Government Educational Institutions who opted for Contributory Provident Fund-cum-Gratuity may exercise revise option for pension including family pension subject to the condition that the employer's share of contribution together with interests accrued thereon shall be refunded to the Government forthwith. The petitioner has annexed this modification memo as annexure- 'P1' to the writ petition.