- (1.) This writ application is filed by the petitioner assailing an order dated January 13, 2012 passed by the respondent no.4. By virtue of the impugned order the respondent no.4 came to a conclusion that the petitioner was not entitled to enjoy pensionary benefit under the West Bengal Power Development Corporation Limited employees' (Death-cum-Retirement) Benefit Regulations, 1992.
(2.) The back drop of the case in a nutshell is as under: The respondent corporation published an advertisement in "The Sunday Statesman" dated March 9, 1986 inviting applications from the eligible candidates for appointment in the post of Finance Director at a monthly scale of pay of Rs.3,750(fixed). In addition he would be entitled to a special pay of Rs.250/- per month and other allowances, i.e. Medical Allowance, Electricity Allowance, House Rent Allowance, variable dearness allowance, leave travel concession etc. as per rules of the corporation. The petitioner submitted application for participating in the selection process for the above post disclosing his date of birth as January 23, 1936, amongst other information. By a notification dated July 5, 1986 the Governor of West Bengal was pleased to appoint the petitioner as whole time Finance Director of the respondent corporation with effect from the dated he took over charge and until further orders. The petitioner assumed charges attached to his above office on August 11, 1986.
(3.) By a notification dated January 13, 1994 issued in exercise of power conferred by Article 70(a) read with Article 85(a)(b) of the Articles of Association of the West Bengal Power Development Corportion Limited (hereinafter referred to as the said Articles of Association), the Governor of West Bengal was pleased to appoint the petitioner as Executive Director of the respondent corporation on existing terms and conditions for a further period of three years with effect from January 22, 1994. By virtue of subsequent notifications dated January 22, 1997, January 14, 1998, January 20, 1919, January 19, 2000 and June 8, 2000 issued in exercise of power conferred by Articles 70(a) read with Article 85(a) and (b) of the said Articles of Association the tenure of services of the petitioner as Executive Director of the respondent corporation was extended up to June 30, 2000.;