SHEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is the wife of an Assistant Teacher of the Bhawani High School (H.S.), Jalpaiguri. The petitioner's husband had worked from 1981 till the year 2014. As per Notification bearing No. 749-SE(L)/SL/5S-56/13(Pt.V) dated 13th June, 2014 the Government of West Bengal, School Education Department, had permitted the teaching and non-teaching staff to switch over from Contributory Provident Fund to General Provident Fund scheme.
(2.) The petitioner's husband made application on June 26, 2014 for such switching over by exercising his option i.e. within thirty days from the date of passing of such notification. The procedure for switching over as per the notification is that once the employee exercises the option, the head of the institution is to forward the same to the concerned District Inspector of Schools. Thereafter, the concerned District Inspector of Schools after verification of the same would approve the statement showing the amount of employer's share of contributory provident fund that is to be reimbursed by the employee. Once the approval from the concerned District Inspector of Schools is received, the employee concerned is required to deposit the said sum within seven days thereafter.
(3.) The facts in this case are peculiar and unfortunate as the petitioner's husband having exercised his option on June 26, 2014 expired on August 18, 2014. Owing to the above circumstances, the petitioner's husband had not deposited employer's contribution within time. Subsequently, after seven months of her husband's death, on March 20, 2015 the amount of employer's contribution fund of Rs. 3,02,725/- was deposited by way of a Treasury challan in accordance with law.;