- (1.) Heard Mr. Ananda Sen, learned counsel appearing on behalf of the petitioner, learned J.C. to AAG appearing on behalf of the State and Mr. Anoop Kumar Mehta, learned counsel appearing on behalf of respondent nos. 2 to 4 Ranchi University.
(2.) In this writ application, the petitioner has prayed for quashing the decision of the respondent no. 3 as contained in letter no. 2041 dated 11.05.2005 by which the option exercised by the sister of the petitioner in pursuance of the government decision circulated through Memo No. 356 dated 13.11.2001 has not been accepted. It has further been prayed that the respondents be directed to change the option of the sister of the petitioner under Group 'A' Pension cum G.P.F. cum Gratuity Scheme and to provide incidental and consequential benefits such as pension, gratuity, leave encashment and other admissible dues/benefits.
(3.) The facts which appear from the writ petition is that Miss Rekha Dhar (hereinafter referred to as the 'deceased employee') was appointed as a Librarian in Ranchi University on 15.07.1971. Subsequently, she was appointed as Lecturer in the same college vide letter dated 21.11.1973 which was concurred by the University Service Commission by communication dated 18.04.1974 and which was subsequently confirmed by a permanent concurrence in writing by the Commission on 26.06.1980. The deceased employee was confirmed on the post of Lecturer by the Ranchi University on 27.04.1984. and on 17.05.1995 she was promoted to the post of Reader which was also confirmed by the Ranchi University on 17.10.1995. In the year 1981, the deceased employee had exercised her option in the light of the Statutes for grant of retirement benefit to the employees vide letter no. 5285 dated 21,11,1980 and she had opted for scheme 'C' which was related to contributory provident fund. A letter as contained in letter no. 356 dated 13.11.2001 was issued by the Human Resources Development Department in which a fresh and final opportunity was given to the teachers and officers of the University to exercise option in favour of triple benefit scheme i.e. for Group 'A' Pension cum G.P.F. cum Gratuity Scheme. A condition was stipulated in the letter dated 13.11.2001 to the effect that the option must reach the office of the University by 31.12.2001. This was followed by a notification dated 10.12.2001; and that the teaching and non teaching employees who were appointed on the sanctioned post and were in service on 01.01.1996 were given the last opportunity to change their option latest by 31.12.2001 subject to the condition that the university contributions in their G.P.F. with interest shall be deposited in the pension fund. As it appears from the notings made at the top of the notification dated 10.12.2001, the same was received in the College on 03.01.2002. Thereafter the respondent no. 5 vide letter dated 10.01.2002 had sent to the Registrar, Ranchi University the list of teachers who have opted for Group 'A' for retirement benefit along with requisite forms to the University. The said list included the name of the deceased employee also who had opted for Group 'A'. Taking note of the fact that although in terms of the notification dated 10.12.2001, the option was to reach the University by 31.12.2001 and since the College itself had received the notification on 03.01.2002 as such a communication was made by the respondent no. 5 to the Registrar, Ranchi University wherein the said fact was mentioned and a request was made to consider the fresh option of the employees. Subsequently another notification has been issued by the Ranchi University dated 01.10.2004 in which it was specifically stated that the employees who did not exercise their option within the stipulated period allowed by the notification issued so far, shall be deemed to have opted for the scheme set out in Appendix 'A'. However, vide letter as contained in Memo No. 2041 dated 11.05.2005, the fresh option given by the deceased employee was for change of option to Group 'A' was not accepted by the University which is under challenge in the present writ application.;