CALCUTTA STATE TRANSPORT CORPORATION RETIRED EMPLOYEES ASSOCIATION Vs. CALCUTTA STATE TRANSPORT CORPORATION

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, praying for grant of pensionary benefits in terms of Calcutta State Transport Corporation Death-cum-Retirement Benefit Regulations, 1990 (hereinafter referred to as the "said Regulation"). It is the petitioners' case that the petitioners were the employees of the Calcutta State Transport Corporation (hereinafter referred to as the "Corporation"). According to the petitioners, the said Regulation came into force with retrospective effect from 1/4/1984 which is applicable to the employees of the Corporation. The petitioners contend that in terms of the said Regulation which was subsequently amended in the year 2002, a further opportunity was made available to the employees of the Corporation to exercise their options for availing the benefits under the said Regulation.

(2.) According to the petitioners, they had exercised their option and had opted for pension cum gratuity and had thereby, relinquished their claim to the employer's contribution to their CPF account. According to the petitioners, notwithstanding exercising such option, since, pension was not disbursed in their favour in terms of the said Regulation, a writ petition was filed before this Court which was registered as WP no. 17861 (W) of 2008.

(3.) On contest, by an order dtd. 10/12/2009, a Coordinate Bench of this Court, taking note of the petitioners' grievance had directed the Managing Director of the Corporation to examine the representations of the petitioners forming annexure P-7 to the said writ petition and to take a final decision in the matter within a period of 8 weeks from the date of communication of the order.