Amrita Sinha, J. - (1.) In the instant case the petitioner prays for issuance of a writ of mandamus directing the respondent authorities to convert the option of her pensionary benefit from contributory provident fund to pension including family pension and to prepare her service book accordingly.
(2.) The petitioner was appointed as an Assistant Teacher on 18th November, 1980 at Khalna Rai Radhagobindo Institution, District Howrah. She opted for contributory provident fund cum gratuity scheme on 15th July, 1985 in terms of the G.O. No. 136-Edn(B) dated 15th May, 1985.
(3.) There was a revision of pay and allowances (ROPA) by the Government. On 18th May 1990 the petitioner exercised her option to come within the purview of G.O. No. 33-Edn(B) dated 7th March, 1990. Accordingly her salary was revised and fixed as per ROPA 1990. On 21st November, 2005 the petitioner made a representation before the respondent authorities requesting the authorities for conversion of her option for pensionary benefit from contributory provident fund cum gratuity to pension including family pension cum gratuity. The petitioner also gave an undertaking to refund the Government's share of contributory provident fund with interest accrued thereon as and when directed by the authorities upon conversion of her option. As the respondent authorities did not take any steps for conversion of the option made by the petitioner she filed the instant writ petition praying for necessary relief. During the pendency of the writ petition the petitioner retired from service on 31st May, 2012.;