Order Sheet GA No. 3853 of 2008 GA No. 3569 of 2008 APOT No. 445 of 2008 with WP No. 755 of 2008 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE State of West Bengal & Others Versus [ENTITY] & Another For the Petitioners : Ms. [ENTITY], Adv. For the Respondents : Mr. [ENTITY], Adv.
BEFORE:
The Hon'ble Justice [ENTITY] And The Hon'ble Justice [ENTITY] Date: 16th March 2009 Affidavit-in-reply in connection with the application under [SECTION] of the [ACT] is kept with the record.
There is a delay of 146 days in preferring the appeal. The application under [SECTION] of the [ACT] seeking for condonation of delay is taken up for hearing. The learned Trial Judge passed an order directing conversion of writ petitioners' retirement scheme from contributory provident fund scheme to general provident fund scheme which is under attack in this appeal. The issue is already pending before the Apex Court for consideration. The basic point involved in the matter as to whether an optee of contributory provident fund scheme will be allowed to switch over to general provident fund scheme without filing any reversion application or the same would have been an automatic process in view of the circular letter of the government whereby it was specified that who would opt for revised scale of pay, retirement benefits would be controlled and guided by the orders as issued by the government from time to time.
Having regard to such we are of the view that when prima facie merit in adjudication of the appeal once we have concluded, the Apex Court's view about allowing the application under [SECTION] of the [ACT] could be applied wherein the Court held that technicalities of the limitation will not be a debarring clause to oust the person concerned from the Court's process to adjudicate the issue on merit finally. Reliance is placed to the judgments in [PRECEDENT], [PRECEDENT], [PRECEDENT]. Even on considering the reasoning that the appellant could not approach the Court in time, we are satisfied. Considering above this application under [SECTION] is allowed by condoning the delay. The appeal is now in order. Registry is to make proper endorsement.
The stay application is taken up for hearing. Let affidavit-in-opposition to the stay application be filed by three weeks from date; reply, if any, thereto be filed by one week thereafter. Matter to appear four weeks hence in the list.
All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
([ENTITY], J.) ([ENTITY], J.) [ENTITY]. Registrar(C.R.)