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RAJA BASU CHOWDHURY
Nilotpal Chakraborty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The petitioner was an employee of Calcutta State Transport Corporation (hereinafter referred to as the “said Corporation”). The petitioner was superannuated on 31st May, 2016.
2. It is the petitioner’s case that the (Death-cum-Retirement) Benefit Regulations, 1990 (hereinafter referred to as the “said Regulation) which came into force with retrospective effect from 1st April, 1984 is applicable to the employees of the said Corporation. The petitioner contends that in terms of the said Regulation, which was subsequently amended in the year 2002, the time to exercise the option was extended till 4th June, 2002. The petitioner had duly exercised the option and had opted for pension cum gratuity and had relinquished his claim to the employer’s contribution to his contributory provident fund account. It is the petitioner’s case that notwithstanding exercising such option, pension was disbursed for a limited period starting from June, 2016 to January, 2018. Since February, 2018 the same was stopped. In such circumstances, the petitioner had made a representation for release of his monthly pension. Since, his representation was not adhered to the petitio
The judgment establishes the duty of the Corporation to give effect to the employee's pension option once exercised, and affirms the recognized right of an employee to receive pension immediately aft....
The central legal point established in the judgment is that the Corporation is obligated to disburse pension to employees who have exercised the option under the (Death-cum-Retirement) Benefit Regula....
The recognized right of an employee to receive pension immediately after retirement and the obligation of the Corporation to give effect to the employee's option under the (Death-cum-Retirement) Bene....
The main legal point established in the judgment is that once an employee exercises an option in accordance with the applicable regulations, the employer is obligated to give effect to the option and....
The main legal point established is the obligation of the Corporation to disburse pension in accordance with the employee's option exercised under the (Death-cum-Retirement) Benefit Regulations, 1990....
The main legal point established in the judgment is that the Corporation is obligated to disburse pension to employees who have exercised their option under the (Death-cum-Retirement) Benefit Regulat....
The main legal point established in the judgment is that the Corporation cannot use financial burden as a ground for refusal to grant pensionary benefits, and that the Corporation's failure to implem....
The judgment establishes the principle that once an employee exercises the option under the Regulation, it becomes the duty of the Corporation to disburse the pension, and technical objections raised....
The court affirmed the employee's right to receive pension under the 1990 Regulations and emphasized the Corporation's obligation to disburse the pension once the employee had exercised the option.
The obligation of the Corporation to disburse pension upon the employee's retirement and exercise of option under the 1990 Regulations, and the rightful claim of the employee under the 1990 Regulatio....
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