Calcutta High Court (Appellete Side)
Anath Kumar Ghosh vs State Of West Bengal & Ors on 26 September, 2013
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1
26.09.2013 W.P. 27305(W) of 2006
ss
Anath Kumar Ghosh
Vs.
State of West Bengal & ors.
Mr. Sukumar Sarkar
... For the petitioner
In spite of service nobody is appearing for the State.
No affidavit-in-opposition was filed in spite of direction.
Learned Counsel appearing for the writ petitioner
submits that the writ petitioner prayed for conversion of
Contributory Provident Fund cum Gratuity Scheme to
Pension including Family Pension cum Gratuity Scheme.
The concerned respondent did not consider the case of
conversion. The writ petitioner moved a writ petition being W.P. No.2685(W) of 2002. This Court passed an order directing the concerned Director of School Education to consider the case of the writ petitioner. The concerned Director of School Education by his order dated 18th September, 2002 refused such conversion on the plea that the writ petitioner did not exercise revised option in terms of Memo No.496-Edn(B) dated 16.12.1991, etc. However, the Hon'ble Supreme Court have delivered a judgement in support of this conversion. The Hon'ble 2 Special Bench of this Hon'ble High Court also passed order in favour of such conversion.
Accordingly, the matter is now to be considered taking note of the Hon'ble Special Bench judgement of this Hon'ble Court.
Heard the learned Counsel appearing for the petitioner. It would be relevant to quote the operative portion of Hon'ble Special Bench decision. The relevant portion of the said decision reads as follows :-
" 75) Coming to the relief to be granted, it is clear that some of the employees are in service and some of them have retired and averments are on record that they are ready and willing to repay the amount of employer's share of contribution in the CPF together with interest and additional interest as option had not been called from them to switch over to Pension-cum-Gratuity while substituting para 13 of ROPA 1998 w.e.f. 13th July, 1999 and retrospective substitution of para 17(2) of ROPA 1990 on 16th May, 2007 w.e.f. 6th March, 1999.
76) We direct the State Government to give opportunity to all the petitioners and other employees similarly situated to submit option to switch over to Pension-
cum-Gratuity by issuing public notice in at least four newspapers having wide circulation in this State. Three months' time period be given to them to exercise option and let the amount be specified to each and every employee who elects to switch over to Pension-cum-Gratuity to deposit the amount of employer's share of contribution with interest and 3 additional interest which is required to be refunded to the Government within the period specified.
77) If an employee exercises option, he shall be entitled to Pension-cum-Gratuity in accordance with law with effect from the date refund is made.
78) Let such exercise be completed within a period of six months from today.
79) The appeals filed by the State Government are hereby dismissed.
80) The writ petitions are allowed to the aforesaid extent.
81) There will be no order as to costs." In my view, the writ petitioner should be allowed to have the benefit of such conversion in view of the aforementioned Special Bench order. The writ petitioner is to refund the employer's contribution of Contributory Provident Fund together with interest as per the Special Bench order. In the event, the writ petitioner deposits the employer's contribution along with interest as per the Special Bench order within six weeks from today, the respondent authorities would allow the writ petitioner to switch over to Pension including Family Pension cum Gratuity Scheme.
The order impugned passed by the Director of School Education is set aside.
The respondents are directed to complete the entire 4 exercise within a period of eight weeks from the date of deposit to be made by the petitioner as stated hereinbefore.
The writ petition is, thus, disposed of. There would be no order as to costs.
(Ashoke Kumar Dasadhikari, J.)