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2024 Supreme(Cal) 609

RAJA BASU CHOWDHURY
Shyamal Chandra Dey – Appellant
Versus
State of West Bengal – Respondent


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

JUDGMENT :

Raja Basu Chowdhury, J.

1. Although, this matter was heard on 4th January 2024 and an order was passed, yet while tallying the records since, the original affidavit-in-opposition was not found in the file, the matter has come up under the heading “to be mentioned”.

2. Today, the learned advocate appearing for the respondents files the original affidavit-in-opposition on behalf of the respondent nos. 3 to 5 before this Court. Let the same be retained with the record.

3. In view of the aforesaid, the unsigned order dated 4th January 2023 is recalled and the matter is accordingly heard afresh.

4. The petitioner was an employee of Calcutta State Transport Corporation (hereinafter referred to as the “said Corporation”). The petitioner was superannuated on 31st January, 2018.

5. 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 ext

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