- (1.) The petitioner was appointed as a Primary School Teacher on 27th February, 1969 and was subsequently promoted to the post of head teacher. He was lastly posted in Kenchka Board Primary School at Matukbani and was superannuated on and from 31 August, 2006. Pursuant to the recommendations of the second pay commission set up by the Government of West Bengal for allowing retirement benefits to the teaching and non-teaching staff of the different educational institutions, the government of west Bengal issued government order No. 136, Edn(B) dated 15th May, 1985. Under the said scheme, the petitioner exercised an option for Contributory Provident Fund cum Gratuity and allowed certain deductions on such account. Subsequently the petitioner submitted another option form dated June 19, 1999 to switch over from the Contributory Provident Fund Cum Gratuity to the Family Pension Cum Gratuity Scheme which was duly forwarded to the District Inspector of School (PE) Bankura by the Sub-Inspector of Schools, Saltora West Circle.
(2.) Although such change was not communicated to the petitioner but it is an accepted position as would be evident from the conduct of the authorities that the petitioner was allowed to deposit the employers share with interest and instructions was issued for refund of the employees share to the petitioner.
(3.) After the attainment of superannuation, when the petitioner applied for Family Pension cum Gratuity on the basis of the changed option, it was communicated to the petitioner that the change of option was not accepted by the school education department.;