SUKUMAR BAIDYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was an employee of Calcutta State Transport Corporation (hereinafter referred to as the "said Corporation"). The petitioner was superannuated on 28/2/2017.

(2.) It is the petitioner's case that the (Death-cum-Retirement) Benefit Regulations, 1990 (hereinafter referred to as the "said Regulation) which came into force with retrospective effect from 1/4/1984 is applicable to the employees of the said Corporation. The petitioner contends that in terms of the said Regulation, which was subsequently amended in the year 2002, whereby the time to exercise the option was extended till 4/6/2002. The petitioner had duly exercised the option and had opted for pension cum gratuity and had relinquished his claim to the employer's contribution to his contributory provident fund account. It is the petitioner's case that notwithstanding exercising such option pension was not disbursed in favour of the petitioner in terms of the said Regulation. In such circumstances, the petitioner had made a representation for release of his monthly pension. Since, his representation was not adhered to, the petitioner had filed the instant writ petition.

(3.) Records reveal that in terms of the direction passed by a Coordinate Bench of this Court on 7/12/2017, CSTC had filed a report in the form of an affidavit on 2/1/2020. From such report it would be apparent and clear that the petitioner during his service tenure in terms of the said Regulation had exercised his option on 12/8/1991.