AMRITA SINHA,J. - (1.) The husband of the petitioner was an employee of the North Bengal State Transport Corporation (NBSTC). He retired on attaining his age of superannuation on 28th February 1993. On his retirement, the husband of the petitioner received his dues on account of gratuity as well as contributory provident fund. The husband of the petitioner expired on 27th of December 1994.
(2.) A Notification was published in the Calcutta Gazette on August 29, 2000 whereby the regulations of the North Bengal State Transport Corporation Employees' Pension Regulations, 1990 was made effective. The said regulations had a retrospective effect with effect from 1st April 1984. Clause 6 (4) of the said regulations mentions that if an employee expires before exercising his option as referred to in regulations 6(1) and 6(2), it should be taken as if he had not exercised his option in favour of the pension.
(3.) Relying on the aforesaid regulations, the petitioner made an application before the Managing Director of NBSTC requesting the authorities to release family pension in terms of the Regulations of 1990.;