CALCUTTA PORT TRUST Vs. ANADI KUMAR DAS

JUDGEMENT

(1.) Whether respondent No.1 was entitled to opt for the Pension Scheme after 18 years of his retirement is the question which arises for consideration in this appeal filed by the appellants against judgment dated 4.8.2006 passed by the Division Bench of the Calcutta High Court. The appellants have also challenged order dated 8.12.2006 by which the Division Bench of the High Court dismissed the application filed for review of judgment dated 4.8.2006.

(2.) Respondent No.1 joined the service of appellant No.1-The Calcutta Port Trust on 19.8.1957 as Class-I Officer. He was posted as Chief Officer (D&D) under the Marine Department of the then Commissioners for the Port of Calcutta, which was re-named as the Calcutta Port Trust on 19.8.1957. He got several promotions and ultimately retired from service w.e.f.1.4.1983 under the Voluntary Retirement Scheme.

(3.) At the time of appointment of respondent No.1, there was no Pension Scheme for the employees of appellant No.1 and they were given monetary benefits of the Contributory Provident Fund Scheme (CPF Scheme). For the first time, Pension Scheme was introduced for the Commissioner's employees vide circular dated 29th May, 1962 and made effective from 1.6.1962. All the existing employees, who were in service on 1.6.1962 were given the choice to opt for the Pension Scheme, but respondent No.1 did not exercise the option.