Arijit Banerjee, J. - (1.) The writ petitioner challenges an order dated 11 April, 2016 passed by the Principal Secretary, School Education Department, Government of West Bengal, whereby the prayer of the petitioner to switch over from the CPF-cum-Gratuity Scheme to the GPF-cum-Pension Scheme has been turned down.
(2.) The petitioner was working as an Upper Division Clark in the office of the District Primary School Council, Dakshin Dinajpur (in short the said 'DPSC'). He retired from service on 31 May, 2017. He had earlier opted for the CPF-cumGratuity Scheme. He submitted a revised option on 24 July, 2014 for switching over to the GPF scheme in terms of notification no. 749-SE(L)/SL/5S-56/73 dated 13 June, 2014 issued by the School Education Department, Government of West Bengal. In view of the delay on the part of the authorities to take a decision, the petitioner filed a writ petition being WP 24710(W) of 2015 in this Court. By an order dated 26 November, 2015 a learned Single Judge disposed of the writ petition by directing the Secretary, School Education Department to decide the prayer of the petitioner in accordance with law within six weeks from the date of communication of the order to him.
(3.) Pursuant to the said order the Principal Secretary of the School Education Department, Government of West Bengal gave an opportunity of hearing to the petitioner and passed the order which is under challenge in the present writ application. The Principal Secretary was of the view that the benefit under the Government notification dated 13 June, 2014 was available only to the teaching and non-teaching staff of recognized Non-Government Aided Educational Institutions and the petitioner being an employee of the DPSC, he did not come under the purview of the said Government notification. Accordingly, the petitioner's prayer was rejected.;