LILA SARANGI Vs. STATE OF WEST BENAGAL

JUDGEMENT

(1.) BEING aggrieved by the decision dated 21. 7. 2006 of the learned Single Judge of this Court passed in W. P. No. 8184 (W) of 2006, this appeal has been preferred.

(2.) THE writ petition was filed by the petitioner/appellant praying for issuance of writ of mandamus commanding the respondents to permit the petitioner to resubmit her revised option changing thereby from Contributory provident Fund to pension scheme including family pension-cum-gratuity. It is alleged by the appellant/petitioner that in the year 1972 she was appointed as an assistant teacher in the Amarshi Brindaban Chandra Girls' Higher secondary School within the district of Midnapore, presently known as Purba midnapore. Subsequently in the year 1985 the State Government issued a notification under Memo. No. 136-Edn (B) dated 15. 5. 1985 for availing the opportunity of Contributory Provident Fund-cum-Gratuity. Pursuant to that notification the petitioner exercised her option with a view to avail the opportunity of Contributory Provident Fund Scheme. In relaxation of the said notification, as well as by way of partial modification of the Memo. No. 136-Edn (B) dated 31. 5. 1990, the Government was pleased to issue Memo. No. 496-Edn (S)/39/91 dated 16. 12. 1991 and by it the Government was pleased to approve that the teaching and non-teaching staff of the aided non-Government educational institution who opted for Contributory Provident fund-cum-Gratuity Scheme, were allowed to exercise revised option for pension including family pension subject to the condition that the employer's share of contribution together with interest accrued thereon shall be refunded to the Government forthwith. In the said memo, it was mentioned that such option will have to be exercised within ninety days from the date of issuance of it and the fresh option, so exercised, shall be final and no further change of option will be allowed.

(3.) IN terms of the said memo, as mentioned above, the last date for submission of option was 15. 3. 1992 and the petitioner submitted the option form along with the declaration form before the school authority on 2. 2. 1992.