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2024 Supreme(Cal) 847

PARTHA SARATHI CHATTERJEE
Uday Singh – Appellant
Versus
Damodar Valley Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Durga Prasad Dutta, Souvik Sen, Sumanta Ganguly.
For the Respondents: Achinta Banerjee, Dipankar Ghosh.

JUDGMENT :

PARTHA SARATHI CHATTERJEE, J.

1. The present writ petition was preferred praying for issue of a writ of mandamus directing the concerned authorities of Damodar Valley Corporation (in short, DVC) to extend the benefits of GPF as well as coverage under the old pension scheme governed by the Central Civil Service (Pension) Rules, 1972 (in short, the Pension Rules, 1972) with effect from their date of joining in DVC i.e. from 1986 in place of National Pension Scheme (in short, NPS) adopted by DVC in terms of Office Memorandum dated 22.10.2020 and fix the petitioners’ pay and release their arrear salaries w.e.f. 31.03.2010 in terms of the order dated 04.11.2019 passed by the Hon’ble Supreme Court in SLP (Civil) no. 26224-26225/2019 and SLP (Civil) No. 26226-26227of 2019.

2. The case has a chequered history and hence, before going to delve into the contour of the controversy hovers around the writ petition, it would be profitable to advert to the necessitous facts frescoed in the writ petition. The petitioners joined in various departments of DVC in between 1985 to 1986 as casual workers (highly skilled category) against sanctioned posts/vacancies pursuant to an order issued by t

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