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Calcutta High Court (Appellete Side)

Bina Rani Paul vs The State Of West Bengal & Ors on 25 August, 2014

Author: Harish Tandon

Bench: Harish Tandon

25.08.2014.

Item No. 33

W.P. 23898(W) of 2014 Bina Rani Paul Vs. The State of West Bengal & Ors.

Mr. Tanay Chakraborty, Mr. Tapan Sarkar.

... for the petitioner.

Mr. Amal Kumar Sen.

... for the CSTC.

Mr. Murari Chakraborty.

... for the State.

The grievance of the petitioner is that though the petitioner has been given enhanced pension with effect from July 1, 2013, some similarly placed erstwhile employees of the Calcutta State Transport Corporation have been paid arrears of revised pension for the period April, 2009 to June, 2013.

The Corporation is represented and it is submitted that the Managing Director of the Corporation will look into the issue and ensure that if there is any mistake it would be rectified and if the petitioner is deserving of similar treatment as those who have received revised pension from April, 2009, then the same treatment is extended to the petitioner.

However, it is submitted by the Corporation that it is completely dependent on the State Government for funds.

WP No. 23898(W) of 2014 is disposed of by directing the Managing Director of the Calcutta State Transport Corporation to look into the petitioner's grievance of dissimilar treatment in the matter of pension. Upon the Managing Director taking an appropriate decision, it will be open to the Managing Director to request the State to release appropriate funds. In the event the Managing Director finds that the petitioner is not entitled to arrears pension, the Managing Director's reasoned decision should be communicated to the petitioner within a period of ten weeks 2 from date; and, in the event the petitioner is entitled to the arrears pension, such arrears pension should be made available to the petitioner within a further period of ten weeks thereafter.

There will b no order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the parties, subject to compliance with all requisite formalities.

ab                                              (Harish Tandon, J.)