ARIJIT BANERJEE,J. - (1.) The petitioners are all retired employees of South Bengal State Transport Corporation (in short 'SBSTC'). In this writ application the petitioners pray for the following reliefs: "(a) A writ in the nature of Mandamus commanding the respondents and their men, agents and subordinates to implement the pensionary benefits as specified in the SBSTC Employees Pension Regulation, 2002 in favour of the petitioner immediately; (b) A writ in the nature of Mandamus commanding the respondents and their men, agent and subordinates to pay all arrear dues on pension head to the petitioners after adjustment of the returnable amount if any from the payable amount as arrear after exercising option form each of them; (c) A writ in the nature of Mandamus commanding the respondents and their men, agent and subordinates to pay the pension including arrear pension in favour of the petitioners in terms of the spirit of the judgment and subsequent order passed by the Hon'ble High Court and Hon'ble Supreme Court as well as in terms of the decision taken by the SBSTC Board in its 125th meeting dated June 10th 2010 to implement the Pension Regulation, 2002 in the line of North Bengal State Transport Corporation/Calcutta State Transport Corporation immediately;" Contention of the petitioners:-
(2.) The Durgapur State Transport Corporation (in short 'DSTC') was established with effect from 7 December, 1973 vide notification dated 4 December, 1973 issued by the Government of West Bengal in exercise of its power under Section 3 of the Road Transport Corporations Act, 1950 (in short 'RTC Act'). Vide notification dated 17 March, 1988 the name of DSTC was changed to SBSTC.
(3.) Section 47B(1)(f) of the RTC Act, 1950 which is a State amendment reads as follows:- "(f)Persons employed by the State Government in connection with the State undertaking and continuing in office immediately before the establishment of the Corporation shall be employed by the Corporation on such terms and conditions, not less advantageous than what they were entitled to immediately before such establishment, as may be determined by the Corporation" ;