STATE OF WEST BENAGAL Vs. BISWANATH KOLEY

JUDGEMENT

(1.) IN all these 3 (Three) appeals, the State appellants have challenged the 3 (three) Orders of the learned Single Judge passed on (a)24. 9. 2004 (in W. P. No. 1307 of 2004), (b) 7. 1. 2005 (in W. P. No. 2034 of 2004); and (c) 7. 1. 2005 (in W. P. No. 1907 of 2004) respectively, whereby and whereunder he was pleased to hold that the petitioners therein would be entitled to get the benefits in terms of the ROPA Rules upon refund of their respective employees' share of the contribution made towards Contributory provident Fund together with interest at the prescribed Government rate.

(2.) THE learned Single Judge then directed the Inspector of Schools to inform the concerned petitioners about the quantum of money required to be refunded to the Government within a period of 8 weeks from the date of communication of the order.

(3.) ALL these (3) three appeals have been argued and taken up together as all of them involve a common question as to whether, the petitioners having not exercised their options under Government Memorandums dated 15. 05. 1985 and 16. 12. 1991, and instead, having chosen to exercise their options, while still in service, under the relevant "revised Scale of Pay of teachers and Non-teaching Staff" Rules (hereinafter referred to wherever so required and for the sake of brevity as the "ropa Rules of 1990" and "ropa Rules of 1998" can they be deprived of the benefits accruing under the provisions of the relevant ROPA Rules ? the facts of the three appeals would appear from the following paragraphs: in A. P. O. No. 425 of 2006