STATE OF WEST BENGAL Vs. RATAN BEHARI DEY

JUDGEMENT

(1.) These two appeals are prefered by the State of West Bengal and the Calcutta Municipal Corporation respectively against the judgment of the Division Bench of the Calcutta High Court dismissing the appeal preferred by the Calcutta Municipal Corporation (F.M.A.T. No. 2347 of 1987) against the judgment of the learned single Judge allowing the writ petition. The writ petition was filed by the respondents for issuance of writ of mandamus commanding the State of West Bengal and the Municipal Corporation to extend the benefit of pension under the Corporation of Calcutta Employees (Death-cum-retirement) Benefit Regulations, 1982 to them by declaring the date, April 1, 1977, specified in Regulation-I of the Chapter-I of said Regulations as non est and void. A mandamus was granted as prayed for, which was affirmed on appeal by the Division Bench.

(2.) Respondents 1 to 43 in both the appeals (writ petitioners) were the employees of the Calcutta Municipal Corporation. They retired from the Corporation service in the year 1967 or thereafter but prior to April 1,1977. On retirement, each of the writ petitioners were paid the provident fund in accordance with rules then in force. Since no pension was provided for by the rules or regulations then in force they evidently did not claim and were not granted any pension. Whatever terminal benefits were payable to them were paid.

(3.) On the basis of the demand of the Corporation employees for payment of pension, the Government of West Bengal appointed in March 1978, a Pay Commission to examine the said claim and to make their recommendation. The Commission consisted of three members. It submitted its report on September 27,1979. The three members submitted three different reports, differing with each other in certain particulars. The said reports were examined by the Government and accepted with certain modification on April 27, 1981. On the basis of the said acceptance, the aforesaid regulations were framed and published in the year 1982. The Regulations were given effect to from April 1, 1977. The Regulations provided inter alia that every employee who retired on or after April 1,1977 can exercise the option in the prescribed pro forma within the time specified to come under the Pension Scheme. So far as persons retiring after the publication of the said Regulations were concerned, they were automatically governed by the said Regulations (Pension Scheme; there was no question of an option in their case. The Regulations were accordingly given effect to.