Susanta Chatterjee, J. - (1.) The present writ application has been filed by 43 retired employees of the Calcutta Municipal Corporation. Admittedly, they have all retired before 1st April 1977. It is stated that the Scheme of Pension which was in force in the Corporation of Calcutta upto 1914 and employees who were in service during that period used to enjoy the benefit of pension. Thereafter, the scheme of pension was discontinued. Again in 1968, there was a proposal to re-introduce .the Scheme of pension for the employees of the Corporation irrespective of the date of retirement. It is alleged that, in fact, in 1968, the Corporation passed a resolution to the above effect. The acceptance of the Scheme of Pension, was however, delayed till 1982. The said scheme at last, has been accepted in 1982 with retrospective effect from 1.4.1977. Regulation No. 1 of the said Corporation of Calcutta Employees' (Death-cum-Retirement) Benefit Regulations of 1982 provides that the Regulations are to come into force with effect from 1.4.1977. Since the petitioners are alleged to have retired before 1.4.1977, they are not entitled to have the benefit of pension for such fixation of the date on 1.4.77. The said date of 1.4.77 is alleged to have been fixed arbitrarily, whimsically and with the intent to deny pension to the employees who retired prior to 1.4.77. There is alleged discrimination against the petitioners. Accordingly, the petitioners have moved the writ Court for issuance of a writ of Mandamus commanding the respondents to extend the benefit of pension under the Regulations of the Corporation of Calcutta Employees' (Death-cum-Retirement) Benefit Regulations, 1982 to the petitioners by treating the date 1.4.77 appearing in Regulation 1 of Chapter 1 of the Corporation of Calcutta Employees' (Death-cum-Retirement) Benefit Regulations of 1982 as non-existent and for other consequential reliefs as stated in the writ application.
(2.) A Rule was issued on 25.7.85. An affidavit-in-opposition has been filed on behalf of the Respondent Nos. 1-3 controverting the allegations made in the writ application. An affidavit-in-reply is filed on behalf of the petitioners. Since the Rule is ready for hearing, the entire matter is taken up for consideration. It is argued on behalf of the petitioners that the Corporation has acted illegally, arbitrarily and whimsically in fixing 1.4.77 as the date for giving effect to the Scheme of Pension to be reintroduced in the Corporation under the Corporation of Calcutta Employees' (Death-cum-Retirement) Benefit Regulations, 1982. There is discrimination against ex-employees of the Corporation who retired prior to 1.4.77 by creating an artificial compartment in the matter of granting pension. The artificial date is alleged to have no correlation with the object and purpose sought to be achieved by adoption of the pension scheme for the employees' concerned. The word "employee" having not been defined otherwise in the Corporation of Calcutta Employees' (Death-cum-Retirement) Benefit Regulations, 1882 the words "employees" would consequently, include an ex-employee. The scheme of pension as adoption and reintroduced by the Corporation with effect from 1.4.77 is alleged to have contravened the Articles 14, 16 and 300A of the Constitution of India. The said .scheme is also being challenged as not inconformity with the resolution of the Corporation passed in 1968.
(3.) In the affidavit-in-opposition, it is asserted that the Corporation of Calcutta Employees (Death-cum-Retirement) Benefit Regulations, 1982 and the supplementary regulations thereof were framed by the Administrator of the Corporation of Calcutta under Sub-section 1 of Section 85 of the Calcutta Municipal Corporation Act, 1951 in consultation with the Public Service Commission and the Municipal Service Commission by his Order d5ted 18th October, 1932. The same was forwarded to the State Government for according sanction under Section 534 of the said Act. The State Government's sanction under Sub-section 1 with modification made under Sub-section 2 of Section 534 of the Calcutta Municipal Act, 1951 was accorded by the order dated 22nd October, 1982. The State Government was, however, requested to reconsider the Regulation for rescinding the supplementary regulations as sanctioned by I. G. & U. D. dated 22nd October, 1982; The State Government's sanction under Section 534 of the Calcutta Municipal Corporation Act read with Section 22 of the Bengal General Clauses Act amending the Corporation of Calcutta Employees' (Death-cum-Retirement) Benefit Regulations 1982 and rescinding the supplementary regulations thereto was made by order dated 9th /12th September, 1983 and the same divas accepted by Administrator of Calcutta Municipal Corporation by his order dated 14th September, 1983. According to the contesting respondents, the question of deprivation of the benefit of pension for the artificial date as alleged in the writ application does not arise. Under Section 75 of the Service Regulation and Employee of the Corporation may be retained in service beyond the age of compulsory retirement if his application for leave submitted before such date of retirement has been reduced and he is accorded leave after he attains the age of superannuation and in such circumstances extension of service on the ground shall be limited to the period of leave refused or six months whichever is less. The benefit under Corporation of Calcutta Employees (Death-cum-Retirement). Benefit Regulations, 1982 has been given to the employees who .retired from 1st April 1977 and in the facts and circumstances of the case the present case is alleged to be unwarranted and uncalled for.;