Kalyan Jyoti Sengupta, J. - (1.) The Court : On refusal of the respondent being the employer to allow the writ petitioner to switch over from contributory provident fund to pension scheme the petitioner has approached this Court by this writ petition. The short fact of the case is as follows:-
(2.) The petitioner being a class-I employee took voluntary retirement with effect from 1st April 1983 after completion of 25 years and 4 months of continuous service. The petitioner during his service period did not opt for pension scheme then prevailing as the same was not beneficial. All along the petitioner had hitherto been in favour of availing of contributory provident fund scheme in lieu of pension scheme until in the month of June 2001. The petitioner was in favour of continuing with this contributory provident fund scheme by accepting ex-gratia relief of Rs. 600/- per month pursuant to a Circular dated 7th January 2000. Now the writ petitioner allegedly being ignorant of the pension scheme introduced on or about 29th December 1984 wants to exercise option to switch over to pension scheme as late as in July 2001. By this scheme of 1984 the retired employees like petitioner were given chance to exercise option to switch over from contributory provident fund benefits to pension benefits upon refunding Trustees contribution inclusive of interest. Initially the period during which option was to be exercised was for six months from 30th November 1984 that is to say by 31st May 1985 and then extended by further Notification dated 19th February 1986 till 30th June 1986. According to the petitioner he came to know of the existence of the aforesaid pension scheme introduced in 1984 sometimes in the month of June 2001 from one of his friends and/or colleagues of the Calcutta Port Trust on a courtesy visit. He applied accordingly immediately after having known of this fact but option was not accepted since it was delayed as the option was not exercised within the cut off date that is to say by 30th June 1986.
(3.) This application is seriously opposed by the Port authority by filing affidavit and the stand taken in the affidavit that at no point of time the petitioner was eager to avail of the pension scheme though the same was prevailing during his service period and in fact he was always keen to avail of the contributory provident fund scheme by accepting ex-gratia payment even in January 2000.;