DILIP KUMAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By consent of the parties the appeal and the application are heard together and disposed of by a common judgment.

(2.) The appeal is directed against the order dated 10th January, 2018 in connection with a writ petition being W.P. No. 203(w) of 2016 (Dilip Kumar Chatterjee vs. State of West Bengal and Ors.). The writ petition relates to pensionary benefits of the appellants. The appellants were the erstwhile employees of the South Bengal State Transport Corporation (hereinafter the Corporation). The appellants contend that by reason of notification dated 30th March, 2002 they were entitled to get pension in terms of proviso to 33(B) of the South Bengal State Transport Corporation Employees Pension Regulation, 2002 (hereinafter Pension Regulations), however, the appellants contend that respondent authorities have denied it on a specious plea that the said regulation operates only in respect of employees who have retired with effect from 1st April, 1997.

(3.) Mr. Bikash Ranjan Bhattacharya, senior advocate, appearing on behalf of the appellants has submitted that although the learned Single Judge has accepted that the proviso to clause 33(B) of the said Pension Regulations 2002, the same would be applicable to the petitioners, irrespective of the fact that they had retired before 1st April, 1997 but no substantial order was passed to that effect. The grievance of the appellants seems to be that the matter was referred to the wisdom of one Mr. Das, Deputy Chief Accounts Officer of South Bengal State Transport Corporation at the relevant time to decide the issue which was not warranted.