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2018 Supreme(Cal) 326

RAJASEKHAR MANTHA
Prasanta Kumar Goswami – Appellant
Versus
North Bengal State Transport Corporation – Respondent


Advocates Appeared:
For the Petitioner: Mr. Indranil Chakraborti.
For the Respondents: Mr. Amal Kumar Sen, Mr. Lal Mohan Basu.

JUDGMENT :

Rajasekhar Mantha, J.

1. The writ petitioner is aggrieved by receipt of lesser amount of pension compared to similarly situated persons in the State Government as well as the other Transport Corporations in the State of West Bengal, namely, SBSTC, CSTC etc.

2. The writ petitioner joined the service of the Government of West Bengal in the State Transport Department, Cooch Behar as a cashier on 27th June, 1959.

3. Thereafter, on an assurance contained in the Road Transport Corporation Act of 1959 at Section 3F, the petitioner’s service was shifted mandatorily to the North Bengal State Transport Corporation (NBSTC).

4. The NBSTC until 1990 only had a Provident Fund Scheme. Upon a Pension scheme being introduced, in or about June, 1992, the writ petitioner opted for pension under the NBSTC Pension Regulations. The writ petitioner retired from service on attaining superannuation on 31st July, 1994. However, the amount of pension paid to him came to be less as benefits under 4th Pay Commission were not allowed to the employees of NBSTC and a large number other State Government and State Transport Corporation, who retired prior to 1996. The said Pre-1996 retirees were however allowe





























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