Tarcis Makhal vs State Of West Bengal & Ors

Rajasekhar Mantha, J

By an order dated November 25, 2019, passed in W.P. No. 30038 (W) of 2017, this Court had held that the employees of Rahara Ramkrishna Mission

Boys Home Industrial Training Centre to be entitled to exercise option for conversion to GPF from CPF based on a Full Bench decision of this Court

in the case of District Inspector of Schools (SE), Kolkata & Ors. vs. Abhijit Baidya & Ors. reported in (2013) 3 Calcutta Law Journal 178.

There is no dispute to the fact that the St. Xaviers’ Industrial Training Centre, Basanti, 24 Parganas (S), West Bengal is sponsored by the State

Government. The Director of Industrial Training and Technical Education has received not only option but also a refund of Provident Fund made by

the petitioner who was a Group-D employee in the said Institution. The reply of the Director of Pension, Provident Fund and Group Insurance,

Government of West Bengal given to the Director of Industrial Training School, Government of West Bengal on the option of the petitioner for being

treated as a GPF optee, is that such option is beyond the time stipulated.

The upshot of the judgement of the Full Bench more fully set out in the order dated November 25, 2019(Supra) s, inter alia, that the benefit of ROPA

1990, as amended on July 13, 1999 by the ROPA 1998, is available even to those employees who did not exercise option and were allowed to so opt.

The petitioner’s case is on a much better footing than those covered under sub-para 4 of paragraph 74 of the Special Bench judgment. Hence, the

petitioner is entitled to benefit of paragraphs 75 to 80 of the said Special Bench judgment and must be deemed to be entitled to pension even assuming

that the petitioner may have exercised option in the year 1993 beyond the time stipulated under the DCRB regulation of the State.

In view of the above, the petitioner’s claim for pension is upheld by this Court. The Director of Pension and Provident Fund and Group Insurance,

Government of West Bengal being respondent no. 3 shall release pension to the petitioner on and from his date of retirement and his arrears to be paid

to him within a period of three months from date.

It is made clear in the event of payment of arrears and commencement of pension within three months as stipulated herein above, the petitioner shall

not be entitled to any interest on such arrears. The amount refunded by the petitioner under the CPF Scheme, if not with State, may be refunded by

the petitioner and/or the St. Xaviers’ Industrial Training Centre, to the State, within a period of 15 days from date.

The petitioner shall communicate a copy of this order immediately to his last employer as well as the respondent no. 3 for further action based on the

above.

With the aforesaid directions, the instant writ petition being WP 31249 (W) of 2017 is disposed of.

There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties.