Basu, J. - (1.) The State of West Bengal has preferred this appeal challenging the judgment and order dated 1st December, 2003 passed by the learned Single Judge of this Court in connection with W.P.No. 16068(W) of 2003.
(2.) The writ petitioner-respondents filed the writ petition on the allegation that the Education Department did not consider their prayer to come under Pension Scheme from the Contributory Provident Fund Scheme inspite of their repeated requests and demand. The petitioners stated in their writ petition that since their joining in service in a non-government aided institution, they were subscribers under the Contributory Provident Fund Scheme which was beneficial to their interest. The petitioners contended that with the fall of interest rate their continuation of membership under the Contributory Provident Fund Scheme has become disadvantageous to their financial interest. The petitioners have frankly admitted in their writ petition that inspite of option provided to them to come under the Pension Scheme they did not avail of that option, but, now in view of the changed circumstances they want to be covered under the Pension Scheme and for that they are agreeable to deposit their share accumulated in the Provident Fund account along with interest so as to get the benefit of Pension Scheme for themselves and their family members.
(3.) Before the learned Single Judge, it was submitted on behalf of the petitioners that already several judgments have been pronounced by this Court supporting the claim of the petitioners and hence, there is no legal bar in granting relief to the petitioners claimed through the present petition. The learned Single Judge relied on such a judgment and allowed the writ petition and directed the State Government to bring the petitioners under the Pension Scheme ignoring the fact that petitioners did not exercise such option given to them.;