Debangsu Basak, J. - (1.) A widow of a deceased teacher seeks a direction upon the respondent authorities to accept the change of option from contributory provident fund cum gratuity scheme to pension including family pension cum gratuity scheme.
(2.) Learned Advocate appearing for the petitioner submits that, the deceased employee did not exercise the option of change over during his lifetime. The deceased had no opportunity to do so during his lifetime as the law relating to the switchover stood settled subsequent to his death. The issue regarding the change over received consideration by the High Court and ultimately the law on the subject was settled by a judgment and order passed by the Special Bench reported at (District Inspector of Schools (SE), Kolkata & Anr. v. Abhijit Baidya & Ors, 2013 3 CalLJ 178 (Cal) page .). He submits that, the teacher expired in 2000.
(3.) Consequently, the teacher could not exercise the option of conversion granted by Abhijit Baidya & Ors. . The petitioner, therefore, should be allowed to exercise the option.;