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2017 Supreme(Cal) 252

ARIJIT BANERJEE
CSTS Retires' & Pensioners' Association – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners:Soumen Bhattacharjee, Advocate.
For the Respondents:Amal Kumar Sen, S. Mondal, Advocates.

JUDGMENT :

Arijit Banerjee, J.

The petitioner no. 1 is an association registered under the Societies Registration Act, 1961. The petitioner no. 2 is the Secretary and authorized signatory of the association. The members of the association are all ex-employees of the Calcutta State Transport Corporation being the respondent no. 3(in short 'CSTC') all of whom retired between 1999 and 2008. The prayer in this writ petition is for grant of pension to the members of the petitioner no. 1 under the CSTC Employees' (Death-cum-Retirement Benefits) Regulations 1990 or under government scheme declaring that the members of the petitioner no. 1 are entitled to pension without depositing the Employer's share of Provident Fund or gratuity after the ceiling unit but by adjustment against the arrear pension.

Case of the Petitioners:

2. The CSTC employees were initially under the Directorate of Transport, Government of West Bengal. The Government formed the CSTC under the Road Transport Corporations Act, 1950 to own and manage the State transport services at Calcutta and the surrounding areas with effect from 15 June, 1960. It was decided that all persons who remained employees of the said undertaking u










































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