SUVRA KUMAR DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is an employee of The Calcutta Tramways Company (1978) Limited, hereinafter referred to as 'the Company'. The said Company introduced a pension scheme for its employees. By a communication dated 1st March, 2002 the Chief Accounts Officer-cum-Secretary of the Company informed all the head of the departments regarding introduction of the death cum retirement Scheme for the employees of the Company. The Employees' Pension Regulation 2001 was made effective from 1st April, 1997. According to the said Scheme, pension was admissible to the employees, who were on the pay roll of the Company on 1st April, 1997 and are on the pay roll of the Company and remained on the pay roll of the Company till the date of notification of the same, in lieu of the benefits of the Contributory Provident Fund provided in CTC (1978) Limited-"B" Provident Fund Regulations, but including the benefit of gratuity under Gratuity Rules of the State Government.

(2.) The said pension Regulation was optional to the employees. The last date of submission of the "option" was 24th June, 2002 at the respective department. The department was to forward the options to the Accounts Department at the Head Office. The estates of deceased employees had to contact the Head Office (Accounts Department) for family pension.

(3.) The petitioner alleges that he submitted his option form for joining the pension scheme on 20th June, 2002 i.e. within the specified date for submission of the said form.