1. The petitioners are all retired employees of South Bengal State Transport Corporation (in short ‘SBSTC’). In this writ application the petitioners pray for the following reliefs:

“(a) A writ in the nature of Mandamus commanding the respondents and their men, agents and subordinates to implement the pensionary benefits as specified in the SBSTC Employees Pension Regulation, 2002 in favour of the petitioner immediately;

(b) A writ in the nature of Mandamus commanding the respondents and their men, agent and subordinates to pay all arrear dues on pension head to the petitioners after adjustment of the returnable amount if any from the payable amount as arrear after exercising option form each of them;

(c) A writ in the nature of Mandamus commanding the respondents and their men, agent and subordinates to pay the pension including arrear pension in favour of the petitioners in terms of the spirit of the judgment and subsequent order passed by the Hon’ble High Court and Hon’ble Supreme Court as well as in terms of the decision taken by the SBSTC Board in its 125th meeting dated June 10th 2010 to implement the Pension Regulation, 2002 in the line of North Bengal State Transport Corporation/Calcutta State Transport Corporation immediately;”

Contention of the petitioners:-

2. The Durgapur State Transport Corporation (in short ‘DSTC’) was established with effect from 7 December, 1973 vide notification dated 4 December, 1973 issued by the Government of West Bengal in exercise of its power under Sec. 3 of the Road Transport Corporations Act, 1950 (in short ‘RTC Act’). Vide notification dated 17 March, 1988 the name of DSTC was changed to SBSTC.

3. Sec. 47B(1)(f) of the RTC Act, 1950 which is a State amendment reads as follows:-

“(f) Persons employed by the State Government in connection with the State undertaking and continuing in office immediately before the establishment of the Corporation shall be employed by the Corporation on such terms and conditions, not less advantageous than what they were entitled to immediately before such establishment, as may be determined by the Corporation”

4. The SBSTC Employees’ Pension Regulations, 2002 were framed for the benefit of the employees of SBSTC. However, a decision dated 8 April, 2003 was taken by the Board of SBSTC not to implement the Pension Regulations, 2002 in view of the fact that only 189 retired employees of SBSTC had opted for the scheme and none of the current employees opted for the same. The petitioners contend that prior to such decision the petitioners had made representations dated 25 July, 2002 and 9 August, 2002 for modification of the Pension Regulations since they were not at par with the State Government Regulations pertaining to pensionary benefits. The decision of SBSTC not to implement the 2002 Regulations was challenged by 60 retired employees by filing WP No. 13475 (W) of 2003 in this Court. The said writ petition was disposed of by Pratap Kumar Ray, J. (as His Lordship then was) by a judgment and order dated 25 April, 2008. The operative portion of the said judgment and order reads as follows:-

“36. Considering all material facts and on considering the respective affidavits of the parties and having regard to the findings and observations as above, writ application, accordingly, succeeds.

37. It is ordered that writ petitioners and all the retired employees who opted the Pension Regulations, 2002 are entitled to get the benefits of death-cum-retirement benefits in terms of the South Bengal State Transport Corporation Employees’ Pension Regulations, 2002. The respondents are directed to take steps for release of the pension and other death-cum-retirement benefits in terms of the said Regulations, 2002 by implementing the Pension Regulations, 2002 in respect of the writ petitioners and the other employees who opted such Pension Regulations, 2002 by releasing their all arrears amount of pension and other dues within four months from this date and to start to releas