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RAJA BASU CHOWDHURY
Thakurdas Mahato – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The present writ application has been filed, inter alia, praying for a direction upon the Regional Provident Commissioner, Kolkata to release the monthly pension of the petitioner.
2. The petitioner had joined as Sub-Staff in West Bengal State Cooperative Agriculture and Rural Development Bank Ltd., being the respondent no. 5 herein in the year 1982. The petitioner enjoyed pensionable service and was covered by the Employees Pension Scheme, 1995 (hereinafter referred to as the ‘said Scheme’).
3. Mr. Mitra learned advocate appearing in support of the aforesaid writ application submits that in the year 2011, the respondent no. 5 had issued a notification dated 26th April, 2011, thereby offering its employees an opportunity to exercise option, in terms of paragraph 11 (3) proviso of the said Scheme. It is submitted that while the petitioner was in employment, the petitioner having come across the above notification, had exercised his option in terms of paragraph 11(3) proviso of the said Scheme and thereby had agreed to pay @ 8.33 per cent as contributions on his salary exceeding Rs.6500/-.
4. Mr. Mitra, learned advocate, submits that both the responde
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
The main legal point established in the judgment is that once an employee exercises the option under the (Death-cum-Retirement) Benefit Regulations, 1990, the Corporation is obligated to disburse pen....
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