GOSTHA BEHARI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner is represented by his learned Advocate. There is none to represent any of the Respondents. No Affidavit-in-Opposition has either been filed by any of the Respondents as yet despite opportunities granted to them. The Respondents are absent even today without any step, even though the matter is pending since 1990, suggesting that they have nothing to oppose the Writ Application filed by the Petitioner.

(2.) The Petitioner, who was Driver under the Calcutta State Transport Corporation (hereinafter referred to as Corporation) has filed the instant Writ Application praying the Court for an Order upon the Respondents to offer suitable employment to his son in terms of the provisions of the disablement Retirement Benefit Scheme, along with other reliefs prayed for, in terms thereof for the reasons stated therein. It was however, submitted by the learned Advocate for the petitioner during the hearing that his pensionary benefits has mostly been paid to him by the Respondents in terms of the order of the Court and he now prays for an order upon the Respondents for offering suitable employment to his son and for releasing his remaining pensionary benefits/dues, which have not been paid as yet, in the facts and circumstances stated in the Writ Application.

(3.) Upon hearing the submissions of Learned Advocate for the petitioner and perusal of the record, it appears that the C.S.T.C./ by circular Nos. 4915(19) C.S.T.C. date August 18, 1989 and 5441 (19) C.S.T.C. date September 2, 1989, being Annexure 'A' to the Writ Application, had informed all the Drivers and Conductors of the C.S.T.C. that the State Government had approved the introduction of disablement Retirement Benefit Scheme (hereinafter referred to as Scheme) in the C.S.T.C. and only those Drivers and Conductors who have done heavy duty or performed duty in heavy vehicles would get benefit thereunder upto March 31, 1990, and had set forth a number of benefits under the said scheme, including giving employment to the son or any dependent male member of the family of a Driver/Conductor who would retire voluntarily under the said Scheme, subject to the availability of vacancy, in terms of Clause 5(Ka) of the aforesaid Circulars (Annexure "A").