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2024 Supreme(Cal) 508

RAJA BASU CHOWDHURY
Bhanu Guha – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manas Kumar Ghosh, Ms. Susmita Dey (Basu).
For the Respondent: Mr. Amal Kumar Sen, Mr. Sabyasachi Mondal.

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 July, 2017.

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, whereby 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 not disbursed in favour of the petitioner in terms of the said Regulation. In such circumstances, the petitioner had made a representation for release of his monthly pension. Since, his representation was not adhered to, the petitioner had filed the instant writ p

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