1. After hearing learned advocates for both the parties and the case stated in the section 5 application, we have condoned the delay in filing the review application and have taken up the review application for hearing. Accordingly, CAN No.2663 of 2016 is allowed.

2. The application for review has been filed by the State of West Bengal. The order sought to be reviewed was passed on December 9, 2015 in MAT No.1598 of 2015. It was an appeal preferred by the State which was disposed of after hearing the learned advocates appearing for both sides.

3. The operative part of the order dated December 9, 2015 in MAT No.1598 of 2015 sought to be reviewed is as follows:–

“In the case before us the teacher concerned died on 15th October, 2005. It is not in dispute that he had opted for revised pay under ROPA 1999. It is also not in dispute that by virtue of his opting for revised pay under ROPA 1999 he automatically became entitled to pensionary benefit.”

4. Mr Gupta, learned Additional Advocate-General appearing in support of the review application, submitted that the learned advocate, who appeared for the State at the hearing of the appeal, was under a misapprehension as r