SANJIB BANERJEE,J. - (1.) THE grievance in the petition is that the petitioners who have retired prior to April 1, 2004 have been discriminated against by the employer, the Port Trust, in the petitioners' pension being delayed and there being considerable uncertainty regarding the payment thereof while the pension of employees of the Port Trust who have retired subsequent to April 1, 2004 is being paid by the Life Insurance Corporation of India (LIC) pursuant to an arrangement between Port Trust and LIC. However, it is not the petitioners' case that the petitioners are being paid less pension than the employees of Port Trust who have retired after April 1, 2004. The petitioners say that there have been delays in releasing pension on several occasions and some of the delays have extended upto nearly a fortnight.
(2.) IT is submitted on behalf of the respondent authorities that no question arises of there being any element of uncertainty in the pension being paid to the petitioners and all those who have retired from Port Trust prior to April 1, 2004. It is also submitted by the respondent authorities that in the usual course there has been no delay in releasing the pension, but because of unforeseen circumstances there may have been a delay of ten days or so in the odd case. The respondent authorities should ensure that there is no delay in the release of pension due to the petitioners and others similarly situated who have retired from the service of the Port Trust prior to April 1, 2004 and that such payment is released by the seventh day of the relevant month. The petitioners seek to urge that the medical benefits made available to the petitioners at the post -retirement stage are not comparable with the medical benefits granted to the employees of the Port Trust who have retired after April 1, 2004. The petitioners say that the extent of discrimination is pleaded in a supplementary affidavit which has been filed.
(3.) SINCE it does not appear that the grievance relating to perceived disparity in medical and other benefits has been alluded to in the petition or any relief sought in such regard in the petition, such aspect of the matter is not gone into and the petitioners are left free to pursue such claim, if any, by way of independent proceedings.;