DILIP KUMAR CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has filed the instant writ application praying for a direction upon the respondents to allow the petitioner to exercise option to switch over to Pension Scheme.

(2.) The petitioner was initially appointed as an Assistant on 6/6/1973 in the then West Bengal State Electricity Board, Kharagpur now it is called as West Bengal State Electricity Distribution Company Limited (herein after called as WBSEDCL). On 20/3/1985 vide order no. 227-Power/III the State Government had approved the West Bengal State Electricity Board Employees (Death-Cum-Retirement Benefit) Regulation, 1985 (herein after referred DCRB Regulation, 1985). The board in its meeting held on 4/5/1985 adopted the DCRB and issued Circular No. Pension/1/48 dt. 20/4/1985 for the information of all concern in which the last date for the option was 3/11/1985. Vide Circular No. Pension/2/48 extended the time for exercising option of DCRB for another three months from 4/11/1985 to 3/2/1986. The benefit of opting DCRB was extend by the authorities from time to time and lastly on 4/12/1993 the respondents have extended to opt the benefit of DCRB for a further period of two years from 4/12/1993 and the same was also published in the News Paper Anand Bazar Patrika for the information of all the concerns.

(3.) Due to the long absence of the petitioner from his service without any intimation to the authorities, the service of the petitioner was terminated with effect from 12/10/1994 vide order dt. 20/11/1995. The petitioner had challenged the order of termination before this Court in a writ proceeding and this Court had set aside and quashed the order of termination on 18/6/2002 and directed the respondents to treat the petitioner as in deemed suspension and directed to proceed departmentally in accordance with the relevant rules pertaining to disciplinary proceeding and this Court had further directed to complete the disciplinary proceeding within three months from the date of the order.