Calcutta State Transport Corporation & Ors. vs Ashit Chakraborty & Ors.

Court

Supreme Court of India

Date

8 May 2023

Case No.

Civil Appeal No. 3462 of 2023

Result

Dismissed

Bench

Abhay S. Oka, Rajesh Bindal

Citation

[2023] 6 S.C.R. 203 : 2023 INSC 505

Headnote

Calcutta State Transport Corporation Employees’ Service (Death cum Retirement Benefits) Regulations, 1990 – Respondent no.1 was appointed in the Corporation as conductor in 1981 when there was no pension scheme in force, only Contributory Provident Fund (CPF) Scheme was applicable – The 1990 Regulations were framed in 1991 providing for pension scheme for the employees, effective from 01.04.1984 – Existing employees were to give an option to avail benefit under the 1990 Regulations – Respondent no.1 submitted his option within time – He sought voluntary retirement in 2017 – Apart from certain retiral benefits, no pension was paid to him – Representation made by Respondent no.1, not considered – Filed writ petition, allowed by the Single Judge – Order upheld by Division Bench – Held: No merit in the argument raised by the appellant regarding the waiver of the right to receive pension by the Respondent no.1 – There was no conscious abandonment of right to receive pension by the respondent no.1 to deprive him of his pension – Respondent no.1 exercised his right to receive pension under the 1990 Regulations in the year 1991 – Thereafter, it was the duty of the Corporation to have given effect to the same – Merely because there were some wrong deductions from his salary and he was treated as member of the CPF Scheme, cannot be a ground to defeat his rightful claim – Corporation was at fault in implementing the 1990 Regulations in the cases of number of employees though these were notified on 04.01.1991 and were given retrospective effect from 01.04.1984 – For any fault on the part of the Corporation, the employees cannot be made to suffer – No error in the orders passed by the High Court– Road Transport Corporation Act, 1950–s.45.

Kalpraj Dharamshi and Another v. Kotak Investment Advisors Limited and Another (2021) 10 SCC 401 – referred to.

The Judgment of the Court was delivered by RAJESH BINDAL, J. Leave granted. 1. The order dated 5.3.2021 passed in F.M.A. No. 692 of 2019 by the Division Bench of the High Court at Calcutta has been challenged before this Court wherein order dated 17.8.2018 passed by the Single Bench in Writ Petition bearing W.P. No. 6808 (W) of 2018 was upheld. 2. It is a case in which the respondent no.1 was appointed as a Conductor with the appellant Corporation. At that time there was no pension scheme in force, only Contributory Provident Fund Scheme was applicable. In 1991, in exercise of powers confe

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