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M. V. MURALIDARAN
Minu Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
M.V. Muralidaran, J.
Heard Mr.Subharangsu Panda, learned counsel for the petitioner. None appears for the respondents.
2. The petitioner has filed the writ petition for issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 8.8.2014 and to forthwith allow him to exercise the benefit and/or option in terms of Memo No.749-SE(L)/SL/5S-56/13(Pt-V) dated 13.6.2014 under the Death cum Retirement Benefit Scheme, 1981.
3. The case of the petitioner is that her husband Nikhil Kumar Gosh was initially appointed as Assistant Teacher of Bongaon Kabi Keshablal Vidyapith, P.O. Bongaon, District – North 24 Parganas on 13.3.1986 and the post of the petitioner’s husband was subsequently approved by the Inspector of Schools with effect from 13.3.1986. The petitioner’s husband after duly appointed in the said school has been opted all the benefits as specified in the West Bengal Board of Secondary Education Act, 1963 and the West Bengal Rules of Payment and Allowances (ROPA) as amended from time to time. Unfortunately, the petitioner’s husband died on 19.9.2009 while in service, leaving behind the petitioner and two sons.
4. Accor
The main legal point established in the judgment is the entitlement of the petitioner to exercise the option under the Death cum Retirement Benefit Scheme, 1981, and the respondent authorities' oblig....
The central legal point established in the judgment is the importance of bona fide compliance with the conversion scheme and the liberal construction of the policy in favor of the beneficiaries.
The main legal point established is that failure to exercise the option within the prescribed time, acceptance of benefits under a particular scheme without protest, and delay in seeking alternative ....
Timely exercise of option under pension schemes entitles beneficiaries to full pension benefits from superannuation date.
The court established that once an employee opts for the CPF scheme, that choice is irrevocable, barring any future claims for pension benefits under the Pension Scheme.
The Corporation is obligated to disburse pension in accordance with the employee's option under the (Death-cum-Retirement) Benefit Regulations, 1990, and cannot use technical objections to defeat the....
Once an option for extension of service beyond normal age of retirement with denial of benefit of gratuity had been exercised by a teacher, family members could not have claimed the benefit in confli....
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