"fo * % IN THE HIGH COURT OF DELHI AT NEW DELHI Iudoment Reserved On:-/,,g* t-4., 2070 t w.P.(c) 754|2OLO D.T.C. ..... Petitioner t Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate versus JAG SHORAN ..... Respondent Through: Ms.Kittu Bajaj, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTTCE MOOL CHAND GARG 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest? PBADEEPNANpRAIOG, t. For orders, see W.P.(C) No.L402712009. (PRA;ffiffiRAroG) JUDGE AUGUST I.O, 2OI.O mm CHAN Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified ll ,. IN THE HIGH COURT OF DELI.II AT NEW DELHI % ludoment Reserved On: 29th lulv.'2070 ludament Delivered On: 70th Auaust. 2070 + W.P. (C) L4o27 l2AOg DELHI TRANSPORT CORPORATION "..' Petitioner Through: Mrs.Avnish Ahlwawat, Ms,Latika Chaudhary, Advocate VETSUS MADHU BHUSHAN ANAND "... Respondent Through: Ms.Kittu Bajaj, Adv. + W.P.(c) 4o1l20x.o DTC ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms. Latika Chaudhary, Advocate VCTSUS SUDERSHAN LAL SHARMA .".' Respondent Through: Ms.Rekha Aggarwal, Mr.D.S.Kauntae, Advs. + W.P.(c) s6s/20Lo DTC ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms. Latika Chaudhary, Advocate ' VCTSUS SURESH CHANDER ..... Respondent ' Through: Mr.S.N.Sharma, Adv. + W.P.(C) s98/2ox.O DELHI TRANSPORT CORPORATION ..... PCtitiONCr Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VETSUS ZILE SINGH ..... Respondent Through: Mr.N.L.Bareja,Adv. W.P.(C) No.1-4027 /2009 & Connected Matters Page L of 27 \L -r- w.P. (c) 75412OL0 D.T.C. ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate versus JAG SHORAN r- W.P.(c) L9o2/?010 D-l-C ..'. Petitioner ' Tlirough: Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VCTSUS SURENDER KUMI\R '."' ResPonde nt- Through: Ms.Kittu Bajaj, Adv. -:- W.P. (Cl 227 412u^1"0 DF-LFll TRANSPORT CORPORATION '.... Petitioner rhroush: H:f,Ti?l, fl'#?:,T, ,vrs Latika VCTSLIS Sl-I.GURBACHAN l-At.. & ORS. '...' F{espondert[s Tltrough: Mr.trl.L.Bareja, Adv. -{- W.P.(c) 3919/20Lo DELHI TRANSPORT CORPORA.|ION ....' PCtitiONCT Throtigh: Mrs.Avnish Ahlwawai, Ms.Latika Clraudhary, Advocate VCTSUS RAJO SAINI ..... ResPondetri Tlrrough: Ms. Kittr: Bajaj, adv. ..... Respondent Through: Ms.Kittu Bajaj, Adv. lV. P. (C) No.1,402.7 / 2009 & Co n i tected M atte rs Page 2 of l7 \9 t- w.P.(c) 42A2ALO DELHI TRANSPORT CORPORATION ..... PCtitiONCT Through: Mrs.Avnish Ahlwaurat, - Ms.Latil<.a Chaudhary, Advocate verSus SAryA PRAKASH KHURANA '.... RCSPONdCNT Through: Ms.Kittu Bajaj, adv' + w.P. (cl 7s6l2o3.o DELHI TRANSPORT CORPORATION ....' PCtitiONET T-hrough: Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VCTSUS SOM DUTT ..'.. ResPondent Through: Ms.DeePali GuPta, Adv. + W.P. (Cl 83212OL0 DELHI I'RANSPORT CORPORATION ."'. Petitioner Through: Mrs.Avnish Ahlwawat, lvls'Latika Chaucihary, Advocate VCTSUS SH RAM AWAR SHARMA '...."Respondent Througlr: Mr.S.N.Sharma,adv. -F w.P. (cl 75212010 DELHl TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat-, Ms.Latika Chaudhary, Advocate VCTSLIS J.L.DHUPAPR ..... ResPondent Through: Mr.Narottam VYas,. Mr,Vikramjeet Sikand, Advs. W.P.(C) No.1402712009 & Connected Matters Page 3 of 27 -t- w.P.(c) 793/2OL0 DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS BFIAGWATI PRASAD ..... Respondent Through: Ms.Kittu Bajaj, Adv. + W.P.(C) L3a4l2oLo D.T.C. ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Clraudhary, ,Advocate versuS SH.RAJENDER SINGH ..... Respondent I'hrough: Mr.N.L.Bareja, Ad'"'. -F W. P. (C) L386/201'O DELHI 'fRANSPORT CORPORATION ,..,. Petitioner -[hrough: N4rs.Avnish Ahlwawat, lvls.Latilca Chaudhary, Advocate VCTSUS SI.I.NANU RAI\4 SHARMA . RCSPONdCNT Through: Mr.N.L.Bareja,Adv. -r- W.P.(C) 2O5L /?oL$ D-fC ..,.. Petitioner -lhrough: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS RANDHIR SINGH ..... Respondent Througlr: tvlr.N.L,Bareja, Adv. i- W. P. (C) 49O6/20L{J DELHI TRANSPORT CORPORATION ..... Petitiorrer Through: Mrs.Avnish Ahlwawat, Ms.Latika versLrs ChaudharY' Advocate RAMESH CHAt{D.jAiN .... Respondent -l-hrough: Mr.N.L..Barela, Adv. W P.(C) i,1o.1.4027120t)9 & Corinected Matter's Page 4 of 27 a 1s +- w.P.(c) 468s IZALO .;ol;T!';"' VCTSUS DELHI TRANSPOR-| CORPORATION :'..' Respondent Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate + w.P.(c) L639/20L0 CHARANJIT BAThA ..... Petitioner Through: Ms.Kittu Bajaj, Adv, VCTSUS DEL.HI TRANSPOROT CORPORATION ..'.. Respondent Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate +- w.P.(C) L72gl20uo CHARAN KAMAL ....' Petitioner ThrouEh: Ms.Kittu Bajaj, adv. VCTSUS DTC ..... ResPondent Through: Mrs.Avnish Alrlwawat, Ms.Latika Chaudhary, Advocate + W.P.(C) 3339/2CI10 D.T.C. ..... Petitioner -fhrough: Mrs.Avnish Ahlwawat, Ms.Latika Chaucjhary, Advocate VCTSUS PULAK MUKHERjI. .'.'. ResPondent Through: Mr.Anrit Kumar, Adv. CORAM; hloN'BLE MR. Jl,JSrlCE PRADEEP hIANDR,AJOG HON'BLE MR. JUSTICE MOOL CI-IAND GI\RG 1. Whether the Reporters of local papers may be allowed . to see the judgment? 2. To be referred to Reporter or not?' W.lr.(C) No.L4O2712009 & Connected Matters Page 5 of 27 u ,+{ 3. Whether the judgrnent should be reported in the Digest? PRADEEP NANDRAIOG, I. I with the promulgation of the Delhi Municipal Corporation Act Ig57 artd the Constitution of the Municipal Corporation of neihi, municipal functions in Delhi except NDMC area and the area fallirrg under the jurisdiction of the Cantonment Boar.d were vested in the Municipal Corporation of Delhi, which included the function of providing public transport irr tlre city of Delhi, As a separate wing of the Corporation, the Delhi Transport Undertaking was constituted with a separate butJget and separate sLaff. As the city of Delhi grew, it was thought advisable to corpora|iT-e public transport ip Delhi and tlrr,rs Llre Dellri Transpart Corporation was formed as a body corporate and it took: over the functioning of the Delhi -i'ransport Undertaking, The said Corporation had in place a Contrihrutory ProvicJent Fund Scheme for its employees and needless to state each tnonth a fix amount was deducted fl-om tl-re salary of the emprloyees ancl with a. matching"contribution by the Corporation was creclited in the r'Llnd anc! in the accOt-int of the employee, wlto needless to state was a nlernber of the Contributory Provident Fund. The ernployees of the 'Corporation agltatecj for long that the pension scirem,e of the Governnnent of lrrdia, which wa3 exterrded to the mulicipal enrployees be also extended to them and in respeci of whiclr claim they lrad petitioned the Supr-eme Court, when in the year Lg92 the Corporation gave an assurance to Lhe Supreme Court tlrat it would introduce a pension scheme for its employe.es, inclr-rding the retired employees and pursuant t[ereto issued crffice orcJer No.16 rJated 27.1-I.1992 notifying that a pension s;cheme stood notified which would be operated by the L.ife I'age Ct of 27 : W.P.(C) No.1,4027/2009 & Connected Matters \" lnsurance Corporation of lndia (LlC). The office order reads as under:- "No.Adm-l-5 (4)192 Dated 27 .L1.92 Sub : Introduction of Pension Scheme in DTC as applicable to the Central Govt' Employees. The introduction of Pension Scheme for the empioyees of the DTC has been sanctioned by the central Govt. and conveyed by the M'O.S.T. vide letter No'RT- L2}I}I}UBB-TAG dated 23'Il'92'as on the same pattern as for the Central Govt. employees subject to the following conditions:- 1. The pension scheme would be operated by the LIC on behalf of DTC 2. The date of e'Ffect of Pension Scheme would be 3.8.1981. 3. All the existing employees including those retired w.e.f. 3.8.1981 onwarcls would have the option to opt for the Pension Scheme or the Employees Contributory provident Fund as at present, within 30 days front the date of issue of this O.O. for the implementation of the pension scheme as approved by the Govt 9f India. 4. The Pension Schen"te would be compulsory for all the new employees joining DTC w.e'f. 23.I7.9?-, the date of sanction of the scheme' 5. The Pension Scheme would be operated by the Llc on behalf of DTC. The employees share in the EPF Alc of the DTC employees, who opt for Pension Schenre would be transferred to the LlC, for operating. 6. The employees who have retired on or after 3'd August 1981 ancl the existing employees, who have drawn the employer's share, under the EPF Act, partly or wholly shall have to refund the same wiih interest in the event of their opting for the Pension Scheme. 'I-he total amoUnt to be refunded by Ehe retired employees/existing employees would be the amount that would have accrued, had they not withdrawn the employer's share. W.P.(C) No.1402712009 & Connected Matters PageT of27 \% :, .( 7 , Excess amount of gratuity, if already paid to ex- employees and which is not admissible under the Pension Scheme, will have to be refunded by tlrem before any benefit under the Scheme, is granted to them. B. A due anci drawn statement would be prepared in respect of retired enrployees opting for Pension Scheme and the amount to be paid/refunded, would be worked out by the concerned unit, wherefrom the employee had retired from service. 9. lf do;r of thel employee of DTC, who does not exercise any option withirr the prescribed period of 30 days or quit service or dies without exercising an option or whose option is incomplete or conditional or ambiguous. l-le shall be deemed to have opted the Pension Scherne Benefits. , Application forms for exercising clption would be available with the Unit Officers and ali 'enrployees includirrg retired employees wishing to exercise option, should do sc rryithin the Unit of tlreir present working/where frorn theV retired, witlrin a period of 30 clavs from the date o'f issue of this Office order' The Unit Officers, after receiving the option fronn the ex-employees, will take further necessary action for getting the necessary fot'rns compie'led, which will be iupplied to thern by the LIC for Pension etc. they will also ensure the recovery of EPF and Gratuity from the Ex-ernployees before forwarding their applications as mentioned above. The cases of all officers will be dealt with at Headquarters. Tlre options received from the existing ernployees for not opting Pension may be kept in their Pet'sorral tile and entry made in their Service Bock'" ',1. A perusal of the scheme shows tfrat as regai'ds the retired employees, the,y had to specifically opt to be paid pension and harJ to simultaneously refund to the Corporation, the employers' slrare received by them as n"ienrbers of the Contributory Providerrt Fund Scheme together witlr intet-est w.P.(c) No.1.4027/2009 & connectecl Matters Page 8 of 27 fl (vide para 6 of the Scheme). As regards ttre existing employees, it'was stated vide para 4, that the pension scheme would be compulsory for those who joined service under the Corporation with effect from 23.IL.I992 and as regards the existing serving employees, vide para 9, it was stated that those who rJo not submit any option would be deemed to have opted for the pension scheme. Thus, it is apparent.that as regards the existing employees of the Corporation who were still in service when the office order dated 27 '7I'1992 was promulgated, if they desired to continue to be the members of the Contributory Provident Fund Scheme they had to specifically Say So, for the reason, their silence was to be treated as a deemed option to opt for the pensioll scheme and needless to state their positive option to opt for the pension scheme was alwaYs there. 3. without working out the modalities with the Llc to work upon and implement the pension scheme and without completing the formalities of compiling the data as to who opted or who had to be treated as the deemed optee under the pension scheme and who specifically opted to continue t0 be a member of the Contributory Provident Fund Scheme, post haste, the corporation notified a voluntary retirement scheme on 3.3.1993 contents whereof read as under:- "Sub:- Voluntary Retirement of Employees of Delhi Tl.a nsPo rt CorPo ratio n The rnatter pertaining to the irrtroduction of voluntary Retirement Scheme for the employees has ,been under the consideration of Delhi Transport Corporation. Salient Features of the proposed voluntary' Retirement Scheme are as under:- 1. Applicability: The scheme will ernployees of the be applicable to corporation i.e. a ll reg ula r workers and Page 9 of 27 W.P.{C) No.t4O27/2009 & Connected Matters executives who are appointed against regular vacancies in the corPoration. 2. Eligibility: An employee nrust have completed ten years of service in this corporation or ccmpleted 40 years of age to qualify for consideration under the Scheme. For this purpose, period of deputationiretention of lien in the parent office in lieu of deputation prior to absorption in the regular service of the Corporation will be excluded 3. Conditions covering voluntary retirement' Volr-rntary rel-irement will be normally allowed only in cdses of incumbents of the posts which have been declared suirplus or redundant. Hourever, voluntary retirement Scheme could also be allowed in other cases depending on the merits of each case and in the interest of the corporation Voiuntary retirement cannot be claimed by any employee as a matter of right. . The corporatir:n will have the right not to grant Voluntary Retirement for reasons to be recorded in writ!ng. Under no reasons will the relief under this scheme be allowed frorn a date earlier tharr the date of passing the orders. An enrployee irr wl'tose case any'disciplinary case is pending will not be considered under this scheme until the disposal of the same. 4. An empioyee uufto had taken voluntary retirenrent will be eligible to the following refunds/payrnents:- (a) (b) (c) (a) Balance in his PF Accourit as provident fund applicahrle to hint. (b) Encashment of refused accumulated earned leave 3s Per corporation applicable to him as if he tlre trorrnal rules of retirernent. \ir/.P.(C) No.L402712009 & Connected Ma'.ters per rules of leave a nd rules of the retires under Page 10 of 27 .t (c) Gratuity as per payment of gratuity act and gratuity Rules of the corporation applicable to him. (d) Three month notice pay as is applicable in the individual case as pel the terms of him/her employment, (e) An Ex-Gratia payment equivalent to I-Il2 month's basic pay plus DA for such completed year of service limited to one month pay multiplied by the number of whose month of service left before norfflal date of retirement. (f) Expenses for travelling for the entitled class for the employee and his/her family comprising his/her spouse and dependent members from the place of his/her posting to the place where he/she intends to settle down in lndia. (g) Pen"sionary benefits as per office order Irlo.1G dt.27 "1"3-.92. (Emphasis supplied) All amounts due to the corporation will be adjusted against the payments r-tnder (d) & (e) above and ihe employee concerned should clear any outstanding cjures/advances taken before the date of effect of voluntary retirement. Errrployees worl<ing on the post of Conductor in the Corporation are proposed to be covered under- the Voluntary Retirement Scheme in the tirst instance. Such Conductors who are desirous of seelcing voluntary retirement in the proposed Scheme fnay give their option in the prescribed Performa through proper channel within 15 dayr5 to be concerned Unit Officer who will fon'vard the same to the Secretary, DTC Board. This issue with authority." the approval of competent 4. Needless to state, the VRS Scheme clearly notified that those who opt for voluntary retirement would be entitled to pension as per the office order ltlo.16 dated 27.t.L1-992 (vide para a(g) of the VRS Scheme). & # W.P.(C) No.t4O27/2009 & Connected Matters Page 1.7 of 27 5. Soon thereafter Vide office memorandum dated 1.6.3.1993 the VRS Scheme notified on 3.3.1993 was made, open, for offers to be submitted hry all employees of the Corporation. The officer memorandum dated 16.3.1993 reads as utrder:- "Now, it has been decided i:o correr all the employees of the Corporation under the proposed Voluntary Retirement Scheme. Such employees who are desirous pf seeking voluntary retirement in'the proposed scheme rnay give their option in the prescribed proforma through proper channel within 15 i days to the concerned unit officers, who will forward the same to the Secretary, DTC Board." 6. \A/hen DTC notified the pension scheme on ?7 .LL.1gg?-, the respondents of W.P'(C) Nos. f402.7 !2009, 401./2010, 565i2010, 598/201.0, 754120LO, 19C12/2010, 2'27412010 (3 in number) and 391912010 specifically opted for tl're pension scherrre. The respondents of W.P.(C) N(rs.423 l2}l-o, 7561?oLfJ, B32l2oLo, 7521)aLo, 7g3l2o:]:o, 13B4PAI0, 1386/2C)10 and 2051/2010 did not submit any cptions and hence were to be treated as deemed optees for pension. 7 . lt may be noted that the writ petitioners of w.P.(c) Nos. t63gl2}10 and 1729l2010salso did not submit any optiorrs arnd lrence would be deerned to [re optees for pensiotr. B. lt may also be noted that the respondeni of W'P.(C) No.4906 12010 and the writ petitioner qf W.P.iC) NrJ.46Bg l2'0:J .submitted their options expressly stating that they cic not opt for the pension scheme, meaning thereby, they indicated pcsitively that they woulcl lil<e to continue to be mernbers of the Contributory Provident Furnd Scheme. 9. On different dates, but all. in the year 1993 the responclents of all the writ petitionS except W'P.(C) No.1639 2A1.A, W.P.(C) iVo.r7Z9 l2ot0 iincj w.P.(c) W.p.(C) No.1.4O2l /2009 & ConnecterJ N4atters Page LZ oi 27 Le No.3339 120L0 and the writ petitioner of W.P.(C) No.46B9l20I0 submitted offers under the VRS Scheme afore-noted and requested to be relieved from service. It is thus apparent that if request for voluntary retirement was accepted, the said respondents and the writ -petitioner of W.P.(C) No.46B9 ]2OIO, would or would not be entitled to pension would depend upon whether they or anyone of them had specifically opted to continue under the Contribrutory Provident Fund Scheme. We say so for the reason, pertaining to the existing employees, the pension scheme notified on 27.11.1992 clearly stated that those who specifically opted for the pension scheme ahd those who submitted no option whaLsoever would be treated as opting for the pension scheme and only those who specifically opted to continue to be members of the Contributory Provident Fund scheme would not be treated as optees under the pension scheme and would continue to be retained as members of the Corrtributory Provident Fund Scheme. Thus, it is apparent that the respondent of W'P'(C) 10. 11. No.4906 l2OI0 and the writ petitioner of W'P.(C) No.4689 1201-0, having exercised a positive option to continue to be retained as llembers under ttre Contributory Prgvident Fund Sclreme, coulfl under no circumstance claim benefit under the pension scheme. ln the year 7gg4, by and under a notification dated 5.I2.Igg4, all dmployees of the Corporation except Officers, Traffic Supervisors, Tls, ATls, Vehicle ExaminerS and Drivers, were given another chance to opt for Voluntary Retirement by' submitting letters of offer. The scheme notified stated that all terms as per the VRS Scheme dated-3.3.1993 Would apply. But, the said notification expressly stipulated the following condition:- W.P.(C) No.l4O27/7009 & Connected Matters Page L3 of 27 3v ,# "lt is also notified for infonmation of all stlch employees who opt for VRS that they wotlld not be entitled to join Pension Scheme if they ?re allowed retirernent under vRs" other salient features of the proposed VRS will remain the same as announced earlier vide this office circular dated 03.03.1993." (EmPhasis added) 13. on 23.12.1994 another circular . was issued extending the right to 'make offer by all the empioyees pertaining to the VRS Scheme notified on 5.1-2.7994. Thereafter on 8.5.1995, to a specified category of.employees stipulated in the scheme were given the option to submit offers under the Voluntary Retirement Scheme' But there was an express condition therein that these employees would not be entitled to join the pension scheme. 1.4. The writ petitioners of w.P.(c) Nos.t639l2]10 and L72912010, whr: were deemed optees under the pension s;cherne, having exercisecl no option at all pursuant to the rrotification date d 2.1.11.:1.992, submitted offer to be volttnLarily r"etired on 4.1.1995 and 17.10'1995. -l-o pr-rt it in a nut-shell, all employees who are r.5. litigating under the various petitions either as the petitioner or' as the respondents, except the two petitioners of W'P.(C) Nos.1639/2010 and 7779f2}:r0, submitted offer letters to be voluntarily retired under the VRS Scheme notified on 3.3.1993, which contQined the ternrs of the Scheme and as exterrded from tinre to time in i:he year 1993. 16. As regards W.P.(C) No.3339120L0, the respondent thereof had retired on 10.7.1991 i.e. before the notification clateci 27.1.1..L992 was issued and as regards him, iride para 6, if he did not specificallV opt for the pension scheme rruithin 30 cJays of the notification datecl 27.11.1992 he virould have got no benefit under the pension scheme for the reason on his W.P.(C) No.t4O27/2009 & Connected N4atters Page 14 of 27 ps retirement he was paid over the due i.e. the amount to.his credit under the Contributory Provident Fund Scheme' Had he exercised such an option he was obliged to have refunded the management'S contribution credited to his account under the Contributory Provident Fund Scheme' Thus, we can conveniently segregate the litigating parties in three compaftments. Those who exercised option for voluntary retirement in 1993. Those who exercised option for voluntary retirement in the year 1995. Lastly the respondent of w.P.(c) No,3339 12010 whose case has to be dealt with de-hors the Voluntary Retirement Schemes' :1_8. we deal with the grievance of the corporation pertaining to w.P.(C) No.3339120l0, the respondent where6f lras got benefit from the central Administrative Triburral, wlrere vide order dated 15.1..2010 his claim has been allowed by holding that he is a deemed opteb for pension as per the pension scheme notified on 27.11'1992' No discer-nable reasons are forthcoming from the decision of the Tribunal save and except that the'Tribunal has treated his entitlement in terms nf clause 9 of the pension scheme dated 27.:_1.1992, ignoring.the fact that clause g applied to the serving employees of DTC atrd in respect of .those who had retired prior to the promulgation of the notification dated 27.JI.Igg2., were required to exercise a positive option to be given pension with concomitant act of refunding the management's share received by them under the"Contributoryr Provident Fund Scheme, virJe para 6 of the notification clated 27.11..1992. lndeed, tlris has been so held by a Division Bench of tlris court in the' decision dated 16.3.2000 in LPA No.33/19e8 DIS-t1t-Sh-EatineILEttatWvA Ors. which decision tras been upheld by the Supreme Court in W.P.(C) No.t4O27/2009 & Connected l/latters L7. 19. Page 15 of 27 &b the decision reporterJ as (2001) 6 SCC 61 DTC Retired Thus, as regarcls W.P.(C) No.3339120!0 is concerned, noting that ttre respondent therein could not be tr-eated as a deemed optee tor the pension scheme and having not specifically opted for the pension scheme'and having received all dues pa.yable to him when he retired as per the amount lyitrg to his credit as a member of the Contributory Prorrident Fund Scheme and obviously he having'not opted for the pension scherne'and thus not having returned the rnanagernent'S contribr-liion pertaining to hirn and as credited in Fris account as a member of the Corrtributory Provident Fund Scheme, saicl respondent vu'ouid have no case at all. 2). Thus, W.P.(C) No .333912010 is allowed ' lmpugned judgment and order dated 15.1,2010 allowing TA No.12O9 l2OO9 is set aside and TA No.1209l2OO9 is dismissed. 22. We take up tlre case of the petitioners of W'P.(C) Nos.1639/2010 and 172912070, who were in servlce as on 27.ILLgg2 and did not submit any option Llnder the notification dated 27.1.1.1992 and hence vide clause 9 thereof would hre treated as deemed optees for the pension scheme. 23. As is noted hereinabove, these two respondents applied to'be voluntarily retired by submitting offers on 4.1.1995 and 17.10.1995 respectively. lt is further to be noted that by then the voluntary retirement schemes notified earlier had lapsed and they could seek voluntary retirernent as per the scheme notified on 23.L2.I99/L and 8.5.1995 respectively i.e. the VRS Schemes notified prior to the dates 4.1.1995 and 7'7.I0.1995. As is notecl irereinabove both schemes under wl^rich the;r applied sgrecifically excluded entitlement for pension inasmuch aS the tvvo schennes clearly staLed that employees opting for voluntary retirement under the two Emnlovees Associattol A )tS-.-V 20. VV.P.(C) No.140)712009 & ConnecteC Matters Page 16 of 27 -fr- scl'lemes would not be entitled to pension; and as regards the other terms and conditions it was mentioned that the same would be as per the scheme notified on 3.3.1993. It is apparent that the terms of the VRS Scheme notified on 3.3.1993 are incorporated by reference under the VRS Schemes notified on 23.L2.I994 and 8.5.1995 except clause 4(g), for the reason in the