Jyotirmoy Chanda v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction Present :

The Hon'ble Chief Justice T. S. Sivagnanam And The Hon'ble Justice Chaitali Chatterjee (Das) FMA/139/2025 JYOTIRMOY CHANDA VS UNION OF INDIA AND ORS.

IA NO: CAN/1/2025 For the appellant :- Mr. Kisore Mukherjee Mr. Soumitra Chatterjee Mr. Goutam Kr. Bose For the Respondent Nos.2 & 3 :-Mr. Shyamal Chakraborty Heard on : 01.07.2025.

Judgment on : 01.07.2025.

T. S. SIVAGNANAM, CHIEF JUSTICE.:

1. This intra court appeal has been filed by the unsuccessful writ petitioner is directed against the order dated 9th December, 2024 in WPA 23390 of 2024.

2. The appellant/writ petitioner after opting for the Contributory Provident Fund Scheme retired from service after 23 long years now filed the writ petition seeking to change his option and seeking to be governed under the General Provident Fund Scheme.

3. After the learned Single Bench took into consideration the factual position and more particularly the delay and declined to grant the relief sought for.

4. We fully concur with the view expressed by the learned Single Bench not only on the ground of delay but also on the ground that the appellant/writ petitioner had exercised his option not once but four times opting for Contributory Provident Fund Scheme.

5. Hence, we find no grounds to interfere with the order passed by the learned Single Bench.

6. Accordingly, the appeal fails and dismissed. (T. S. SIVAGNANAM) CHIEF JUSTICE I agree.

(CHAITALI CHATTERJEE (DAS), J.) Item No.9 gd/ssd