VidhiSangh

Supreme Court of India · 08/05/2023

CALCUTTA STATE TRANSPORT CORPORATION & ORS. versus ASHIT CHAKRABORTY & ORS.

[2023] 6 S.C.R. 203 · 2023 INSC 505

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Summary

The Court upheld pension relief for an employee who had timely opted into the Corporation’s pension scheme. Continued erroneous provident-fund deductions and acceptance of retirement payments did not establish conscious abandonment of that right. The employer had to implement the option and could not make the employee bear its mistake. The High Court’s balanced directions requiring refund of excess benefits and payment of pension arrears with reciprocal 6% interest were affirmed.

Issues

  1. Whether continued CPF deductions after a timely pension option and receipt of retirement benefits established waiver.
  2. Whether the Corporation’s implementation error or similar potential claims justified denying pension.
  3. Whether the refund and pension directions required interference.

Held

Result

Appeal dismissed. High Court’s directions for refund of employer CPF share and excess gratuity and release of pension and arrears, with the stipulated 6% interest, affirmed.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 203.