- (1.) This application has been filed by the Director of Pension, Provident Fund and Group Insurance (DPPG) for recalling an order passed by this Court dated 25th February, 2019 and for setting aside the direction upon the applicant for granting provisional family pension to the writ petitioner.
(2.) Learned counsel appearing for the applicant/DPPG relies on a Special Bench judgement District Inspector of Schools (SE) vs. Abhijit Baidya reported in 2013 (3) CLJ 178 and submits that this decision had not been taken into account by the Court while passing the order dated 25th February, 2019. Learned counsel further relies on a Notification no.749-SE dated 13th June, 2014 which provides, inter alia, that if an employee exercises option, he shall be entitled to Pension-cum-Gratuity in accordance with law with effect from the date of refund made by the said employee of the employer's share of contribution to the Government. The said circular also provides for three months time to be given to the teaching and non-teaching staff of recognized non-government aided educational institution for switching over to Pension-cum-Gratuity scheme under the Death-cum-Retirement Benefit Scheme, 1981. Counsel relies on a further Memorandum dated 15th May, 1985 which provides that persons willing to opt for the benefit of Pension-cum-Gratuity shall apply in writing to the Head of the Institution that he or she is willing to refund to the government the employer's share of contribution together with interest accrued thereon which has been created against the contributory provident fund account of the concerned person. Clause IV of the Memorandum further provides that head of the institution will take necessary action and intimate the director after transferring the amount. Both the aforesaid points come under clause IV of the Memorandum dated 15th May, 1985.
(3.) Learned counsel for the petitioner submits that the Special Bench decision has no application to the facts of the instant case, since the petitioner's husband had already exercised his option from switching over from Contributory Provident Fund to General Provident Fund within 90 days window. Counsel further submits that if given a chance, the petitioner will refund the employer's share of the contribution within a specified time period.;