Sambuddha Chakrabarti, J. - (1.) BY the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to release the pension and to grant pensionary benefits in terms of Calcutta Dock Labour Board circular, dated February 13, 1985 and for other reliefs.
(2.) THE case of the petitioner inter alia is that he joined the service of the respondent no. 2, i.e., the Calcutta Dock Labour Board (the Board, for short) in November, 1960 and was subsequently promoted as an Accounts Officer, Class II. In the year 1982 he resigned from service due to ill health. According to him he came to know that the circular dated February 1985 had been issued by the respondent no. 2 informing the officers of the Board that in terms of the concerned Ministry's letter and subsequent resolution of the Board the Class I and Class II officers of the Board governed by the Contributory Provident Fund Scheme (CPF scheme, for short) might exercise option to come over to the pension scheme by May 31, 1985. The said option for pension was only open to those officers who were in service on August 1, 1982 but had retired from service after that date till date of issue of the Ministry's order, i.e., upto November 20, 1984. The petitioner opted for pension scheme in the year 1991.
(3.) PURSUANT to an order passed by this court to consider the application of the petitioner the Chairman of the respondent no. 2 had rejected the petitioner's prayer by an order dated July 28, 2008 in terms of the circular of the Board. It was inter alia mentioned in the said order that the petitioner did not opt for pension as was required in cases of employees recruited before April 1, 1972 and who were in service on that date in terms of the relevant provision of the Calcutta Dock Labour Board Employees' Pension and Gratuity Rules (the Rules, for short). The petitioner was paid all the terminal benefits including provident fund dues treating him under the CPF Scheme. In terms of Rule 1(c) of the said Rules option once exercised by an employee either to elect for a pension scheme or to remain on the CPF Scheme would be regarded as final. Thus option given by the office circular was open to those officers who were in service on 1st August, 1982 but had retired from service after that date till issue of those orders.;