JUDGMENT :

Raja Basu Chowdhury, J.

1. The original petitioner was an employee of Calcutta State Transport Corporation (hereinafter referred to as the “said Corporation”). The petitioner was superannuated on 31st March, 2017. Consequent upon the death of the original petitioner, during the pendency of the writ petition his legal heirs have been substituted.

2. It is the petitioners’ 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 petitioners contend that in terms of the said Regulation the original petitioner 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 petitioners’ case that notwithstanding exercising such option pension was not disbursed in favour of the original petitioner in terms of the said Regulation. In such circumstances, the original petitioner had made a representation for release of his monthly pension. Since his representation was not adhered to, the original petitioner had file