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2024 Supreme(Cal) 1105

RAI CHATTOPADHYAY
Ajoy Kumar Rej – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: Ms. Reshmi Hossain, Mr. M. Hossain, Ms. M. Brahmachari, Ms. M. Biswas.
For the Respondents: Mr. Kumar Joyti Tewari, Mr. Lakshmi Kumar Gupta, Ld. Senior Adv., Mr. D. N. Ray, Mr. Bhaskar Mukherjee, Mr. Debdeeta Dutta.

JUDGMENT :

(Rai Chattopadhyay, J.) :

1) This writ petition is to challenge the inaction on the part of respondents No. 4 and 5/the Indian Institute of Management at Joka, Calcutta, to allow the writ petitioners the benefit of changeover to the Pension Scheme with effect from 1st May, 1987. The writ petitioners have prayed for a writ of mandamus to be issued upon the said respondents treating the petitioners having been changed over to the Pension Scheme with effect from 1st May 1997; also that a writ of mandamus be issued commanding them to forebear from treating the petitioners as that the Contributory Provident Fund Scheme (in short CPF) members.

2) Let the factual background of the case be narrated in a nutshell.

3) A total of 58 petitioners have filed the present case. All of them have been employees of the respondents No. 4 and 5 and retired on various dates since after 2017. The Central Government Rules and the Central Civil Services (Pension) Rules 1972, govern the service conditions of the writ petitioners. In case of the petitioners, a revision in service conditions was affected pursuant to the 4th Central Pay Commission recommendations, with effect from 1st January, 1986,

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