Pratap Kumar Ray, J. - (1.) This writ application has been filed by 60 writ petitioners jointly, who are retired employees of South Bengal State Transport Corporation being a Corporation created under the Road Transport Corporation Act, 1950 by the State of West Bengal retaining its full control over the management, function and finance. Out of the said 60 writ petitioners, 36 writ petitioners retired before 1st April, 1997 and the rest after 1st April, 1997. The writ petitioners have prayed for following reliefs: a) Rule NISI upon the Respondents calling upon them to show cause why a writ in the nature of Mandamus shall not issue directing them to forbear from giving effect to and/or continuing to give effect to and/or giving further effect to and/or withdraw and/or cancel and/or rescind the impugned decision, if any, taken or followed for not paying pension to the petitioners and/or the persons who retired from service of the Respondent Corporation and are entitled to pension under the said Pension Regulations. b) Rule NISI upon the Respondents calling upon them to show cause why a writ in the nature of Mandamus shall not issue directing them not only to pay pension to the petitioners and other employees who retired from service of the Respondent Corporation and have become eligible to get pension under the said Pension Regulations; c) Rule NISI upon the Respondents calling upon them to show cause why a writ in the nature of Certiorari shall not issue directing them to certify and transmit to this Hon'ble Court records pertaining to the non -payment of pension to the petitioners and/or other persons who have retired from the service of the Respondent Corporation have become entitled to pension under the said Pension Regulations; d) Issue of appropriate Writ or Writs and/or order or orders and/or Direction or Directions if no cause of insufficient cause is shown to this Rule; e) Ad -interim order of mandatory injunction directing the Respondents to pay pension to the petitioners and other eligible persons immediately; f) Ad -interim order of injunction restraining the Respondents from giving effect to and/or continuing to give effect to and/or giving further effect to the implied or virtual decision taken or followed for non payment of pension to the petitioners and to other persons till the hearing of this application; g) Cost of, and pertaining to this, application; h) Any other further order or orders as may appear fit and proper to this Hon'ble Court.
(2.) This writ application has been opposed by the respondent Nos. 1, 2 and 3 by filing affidavits -in -opposition. In course of hearing, subsequently, to answer the question raised by the Court, two supplementary affidavits were filed, one supplementary affidavit -in -opposition was filed by the said respondents duly affirmed by one Sri Pallab Ghosal on 10th March, 2006, and another supplementary affidavit affirmed by Sri Shyamal Das on 7th January, 2007 was filed. Affidavit -in -reply in respect of the main affidavit -in -opposition and the said two supplementary affidavit -in -oppositions also have been filed by the writ petitioners. As State Government did not file any affidavit -in -opposition, who in fact is controlling the activity of the Corporation including its management and finance by appointing Managing Directors and also the Board of Directors, the Court wanted to have an answer from the Chief Secretary, Government of West Bengal as well as Principal Secretary, Transport Department about the stand of the State Government on issue of implementation of South Bengal State Transport Corporation Employees' Pension Regulations, 2002, whose implementation is the subject matter of the writ application due to refusal to implement it by the respondent Nos. 1 to 3, namely, the said Corporation by taking a contrary decision by its Board's Meeting held on 8th April, 2003 that the employees of the Corporation would be entitled to get the benefit under Pension Scheme of 1995 linked with Employees' Provident Fund and Miscellaneous Provisions Act, 1952, hereinafter for brevity referred to as concerned Act of 1952. Chief Secretary and Principal Secretary also have filed their respective affidavits, reply thereof, have been filed by the writ petitioners.
(3.) It is an admitted fact that all the writ petitioners earlier were the employee of State of West Bengal working in the (Home) Transport Department, Government of West Bengal. In the year 1950, Parliament enacted the Road Transport Corporation Act, 1950 being an Act to provide the incorporation and Road Transport Corporation Regulations, hereinafter referred to as said Act of 1950. Under Sec. 3 of the said Act of 1950, respective State Governments were empowered to establish a Road Transport Corporation for the whole or any part of the State under such name as to be specified in the notification. Sec. 3 of the Road Transport Corporation Act, 1950, reads such: 3. Establishment of Road Transport Corporations in the States. - The State Government, having regard to - (a) the advantages offered to the public, trade and industry by the development of road transport; (b) the desirability of coordinating any form of road transport with any other form of transport; (c) the desirability of extending and improving the facilities for road transport in any area and of providing an efficient and economical system of road transport service therein; may, by notification in the Official Gazette, establish a Road Transport Corporation for the whole or any part of the State under such name as may be specified in the notification.;