Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Calcutta State Transport Corporation Employees’ Service (Death cum Retirement Benefits) Regulations 1990 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Calcutta State Transport Corporation Employees ` Service (death Cum Retirement Benefits) Regulations, 1990 (0 of 1990) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
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. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 505 |
Petitioner | Calcutta State Transport Corporation & Ors. |
Respondent | Ashit Chakraborty & Ors. |
SCR | [2023] 6 S.C.R. 203 |
Judgement Date | 2023-05-08 |
Case Number | 3462 |
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