l * % IN THE HIGH COURT OF DELHI w.P.(9) 3e1e/2010 DELH I TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VefSUS t RAJO SAINI ...... Respondent Through: Ms. Kittu Bajaj, adv. CORAM: HON'BLE MR. JUSTTCE PRADEEP NANDRAJOG HON'BLE MR. JUSTTCE MOOL CHAND GARG 1. Whether the Reporters of local papers may be allowed to see the judgment? To be referred to Reporter or not? n st'{., .a. 2. 3. a Whether the judgment should be reported in the Digest? PRADEEP NANDRAIOG, I. For orders, see W. P. (C) No. L4027 12009. (PRADEEP NANDRAJOG) TUDGE (MOOL C AUGUST t O, 20LO mm JURGE AT NEW DELHI fz_€;_. n: I 2 -9q'r.,lr) : 70th Auausl. 207 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 Io >F IhT % ThIE HIGI.I COURT OF DELI-II AT NEW I EEt_t-il8 nt Deliv w.p.(c) r.4o2 7 noas DELH I TRANSPORT CORPORATION Through: Mrs.Avnish ChaudharY, VCTSUS t- ...,. Pet Ahlwawat, Advocate oner s.Latika II tUl M "i I sl':- I\4ADHU BHUSHAN ANAND Through: w"P.(c) +au2ala DTC Through: VCTSUS Ms.Kittu Bajaj, l- Mrs.Avnish Chaudhary, Ahlwawat, Advocate -t- SUDERSHAN LAL SHARMA Through: Ms.Rekha Advs. vlf"P.(c) s65/201-O DTC Aggarwal, Mrs.Avnish Chaudhary, M r.N.L.Bareja, Through: VCTSUS SURESH CHANDER . Through: utr. P. (c) s98/2oL0 ZILE SINGH Through: W.P.(C) No.L4O27/2009 & Connected Matters -r' DELHI TRANSPORT CORPORATION Through: . Mrs.Avnish Chaudhary, VCTSUS dent Lof27 pgn i I i I I P.dg'e '..... Res ,Adv. t\ .: Pet Mrs.Avnish Ahlwawat Chaudhary, Advocate \ w.p.(c) D.T.C. 754|ZALO Through: VCTSUS JAG SHORAN .Through: w.P.(c) 19O2/2OLO D]-C Throurgh: VCTSUS SURENDER KUMi\R Through: ..... Petition Mrs.Avnish Ahlwawat, ChaudharY, Advocate' . R.esPon Ms.Kitr:u ?.luj, Adv;. i t .-t- s.Latika nt- er M: I I I I db in/.P.(C) 22V412@LO D F.LH I TRAN SPO RT'CO RPORATI O N Through: Mrs.Avnisit ChaudharY, VETSUS st{.GURBACIjAN l-At- & oRS. Tlrrough: Mr.hl.L.Bareja, Adv. J. W.P.(c) 3919/20L0 er I fvls.Latika ..... Petition Ahlwawat; Advocate t. ..... Respon.dpnt-s i I Petitioner wawat, {vls.Latil< /ocare i i I RespondenL adv. i I i I Ii': n{ce z.oizt I I I I DELHI TRAhISPOF.T CORPORA'NON ..... I Throrigh: . Mrs.Avnish Ahll Clraudhary, Adv VCTSUS RAJO sAlNl Tlrrough: Ms. rcittu gujui, \1/. tl. {C) No.i4027 ! 2009 & co n nectecl Matte rs v l- w.P. (cl 42s12o10 DELH I I-RAN SPORT CORPORATION Through:. Mrs.Avnish ChaudharY, VCTSUS 'i t I ! ...., Petitibner Ahlwaurat, MP.Latilca Advocate SATYA PRAKASH KHURANA Through: Ms.Kittu Bajaj, ..... Petitiorl Ahlwawat, lt4 Advocate Respondent el s.Latilca - Ar r o\l v , t -t- w.P. (cl'7s6l2oLo DELH I TRANSPORT CORPORATION I-hrough: Mrs.AVnish ChaudharY, VCTSUS SOM DUTT Through: ' Ms.DeePali VU"p. (c) 832l2OlO DELHI TRANSPORT CORPORATION Through: Mrs.Avnish ChauciharY, I I ..... Petitionqr Ahlwawat, [/ls.Latika ..... Respon Gupta, Adv. Lgenr I I -F Advocate > J VCTSUS SH RAM AWAR SHARMA Through: '.... Mr:.S.N.Sharma, 'l Respon{ent adv. -t- w"P. (cl 7s21203-0 DEI-I-I I TRANSPORT CORPORATION Through: Mrs.Avnish ' Chaudhary, VCTSLIS . Petitioner . !, AhlwawaL, fvls.Latika Advocate I . I 'l ..... Resppnd0nt I. Vyas, Sikand, /,\dvs. I a J 'L'DHUPAPR rhrougrr: : W.P.(C) No.L4O27/2009 & Connected Matters Mr.Narottam Mr.Vikramjeet ge3 of27 \C> t -t W.P. (Cl 793:120L0 DELH I TRANSPORT CORPORATION Through: ' Mrs.Avnish . ChaudharY, VCTSUS BFIAGWATI PRASAD-I'hr"ough: Ms.Kittu vu.P.(C)'1334IaOLO D.T.C. Through: Mrs.Avnish Cltaudhary, VCTSUS sr-T.RAJENDER SINGH Through: ut .P.(ci 1386/2$10 DELH I TRAN SPORT CORPORATION -l-hrough: Mrs.Avnish VCTSUS 5I.I. NAN U RAN4 SHARMA Through: vt .P.(c) zosLlioro Chaudhary, ..... Petitioner Ahlwawat, M'd.tatika Advocate Responddnt Mr.N.L.Bareja, -t- ..... Petitio Alrlwawat Advocate n"i' , Ms.Latilca Atlv.' .{ -1' i,t,. t,. ( c) tno.ItlolT / 2009 8r co n n ected M atters D'I-C VCTSUS R/\NDFIIR SINGH Through: w.P.(c) 4906/20LtJ D ELH I TRANSPORT C-ORPORATION VCTSLIS RAMESH CHANID jAiN -l-hrough: ..... Petitione!r I I I ' ...., Respondent -l-hrough: Mrs.Avnish Ahlwawat, \Vs.Latika Chaudhary, Advocate I ..... Petitiorrtdr Through: Mrs.Avrtish Ahlwawat, Ms.l-atika . Chaudhary, Advocate i I I Pa ge+oizt Mr.N.L..Bar",., o[X]u l\ -t- w.P.(C) 46Ssfta].o DEBI SINGH Through: Ms.Deepali VCTSUS DELH I TRAN SPORT CORPORATION Through: Mrs.Avnish Chaudhary, ..... Petitioneri .l Gupta, Adv. i I I I .l ..... Respondent Ahlwawat, Ivls.Latika I I I I I I I ..... Petitiondr wed -t'' w. P. (c). 163e/201-o CHARANJIT BATRA Through: VCTSUS DEL.HI TRANSPOROT CORPORATION Through: Mrs.Avnish Ahlwawat, M,s'Latilca w.P.(c) 1729/2.0L0 CFIARAN IGMAL ChaudharY, Advocate i ThrouEh: VCTSUS DTC Advocate. .... Petitioner Ms.Kittu Baj'aj, Adv. i Ms.Kittu Baj;J; fetitionei i I .l I It't, I .l Respond,ent -t- Through: Mrs.Avnish Ahlwawat, t$s.Latika . ChaudharY, Advocate i "/ -t- w.P.(C) 3339/2010 D.T.C. Whether the RePorters of to see the judgnnent? 2.. To kre referred to Reporter or not? W.tr.(C) No.t4O27 /2009 & Connected Matters , ,hroush: H:ffil:,J, il'#?:rT, gs Latika VCTSUS PULAK MUKHERJI CORAM: t-toh!' B[-E MR. i [J STICE PR,ADEEP NANDRAjOG [-toN'BLE MR. JUSTICE MOOL Ch{AND G,qRG .. local paper.s.may be allo Paige 5 of 27 \( a J. Whetfrer the judgrnent should : be reported in the DiPest? 1 With the promulgation of . the Delhi Mq nicipal (,orpclration Act Ig57 ancl the constitution of the Municipal corporation of Delhi, municipal functions in Delhi except NDMC 'area and the area fallinQ. under the jurisdiction iof the Cantotrment Board were vested in the. Municipal Corporation of Dellri, which included the function of providing public trgnsport irr the city of Delhi. As a separate wing of thb corporati;on, the Delhi Transport Undertaking was constituted with a sfparate Lrr-rtlget ancl separate s[aff. As the city of Delhi'g'e*,i it'was tl.rought advisable.to corpo ratize public transport in Delhi and t_l-ri.rs l_lre Dellri Transpcrt Corporation iruas formed as ia bctdy corporate and it took over the functioning of thj Dellri "l'fi:nsport Undertaking' The said Corporation had in iplace a c.ontributory Proviclent Fund scheme for its employges and rreedless.to state each rnonth a fix amount was deductgd fr-om l.fie salary of the emprloyees ancl with a .matching contribution I hy the corporation was creclited in the fttnd and'in the'accot:nt oi llre ernployee, wlto needless to state \^/as a- niennLlqr. of the (-ontribu[ory Provitjent Fund. The enrployees lot the Cor-poraiion agitatecj for long that the pension sclr"*F of the Government of lrrdia, whic.h was exterrded to the rritiniciOal enrployees be also. extencled to them and in respect of rryhich claim they lrad petitioned the Supreme.Court, when in the year 1.992 the Corporation qave an assurance to the Suprenle Court tlrat it would introduce a pension scheme for its "t{'loy*"', inclr-rding the retired enrployees and pursllant tlrereto issued - office order No.16 rjated 27.71.1992 notifying that a lpension :;(:heme stood notified which .would be'operated 'bf ithe Life W.P.(C) No.1'402712009 & Cortnected Matters I i I i Page 6 of27 J llt I rrsura nce CorPoration urrcler:- emPloYer's share. W.P.(C) No.L4O27 /2009 & Connected Matters of lndia (LlC). The office order reads i i a5 The introduction of Pension Scheme for the emptoliees of the DTC has been sanctioned .by the central ql"J and conveyed by the M.O.S.T. vide letter No,.RT- L2Orgl2rlg-B-rnc dated 23.II.92 as on th9 . sirmg " No.Adm -l'5(4)192 Dated 27.rti92 I"i Sub :|ntroduction of Pension Scheme in DT$ as applicable to the Central Govt. Employees' I LZV LJI Z- J-l ev t ;;ft"ilas tor the Central Govt. "Tployees subjeci to the following conditions:- I 1. The pension scheme would be operated LIC on behalf of DTC. Pension Scheme woulO be bv, ''l the 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 contribqto.ry provident Fund as at present, within 30 days fronl the date of issue of this O.O. fo.r the implementation o;f 'the pension scheme as approved by the Govt. of lndial. 2. The date of e'ffect of 3.8.1981. 4. The Pension Scheme would the new emPloYees joining DTC date of sanction of the scheme. be compulsory fPr all w.e.f. 23.Il-92i the PageT of27 "T L5 i 5. The Pension Scheme would be operated bf tfre Ltc on behalf of DTC. The employees share in thg EPF Alc of the' DTC employees, who opt for Pepsion Scheme would be transfeired to the LlC, for operating. .i 6. The employees who have retired on or aftbr 3'd August 1981 ancl the existing employees. who Inave OrJwn the employer's share, under the EPF Act, partly or wholly.shati frave to refund the same wi'lh interest in the errent of their opting fcir the Pension Schleme. 'Ihe total amount to be refunded by the retired emptoyees/existing employees would be the an\ount thal would have accrued, had they not withdrawin the fl 7. Excess amount of gratuitY, employees and which is not Pension Scheme, will have to beFore any benefit under the tlrem if al/eady paid tQ ex- admissible underi the be refunde.d bY. them Scheme, is granted to' 9. lf any of tne employee or ulL' wflu .uuel rruL exercise any option withirr the prescribed period of 30 Ju'r or. q.iit service or dies without exercisin! an opiion or whose option is incomplete or con$itionial,ot A due anci drawn statement would be prep;ared 8. A due ano clrawn statement woulu Ve prepidr i=u in respect of retirerl enrployees opting for Pension Scheme and tlre amount to be paid/refunded, lvould be worked out by the concerned unit, wherefrom the employee had retired from service. lf any of the employee of DTC, whO doeq not ambiguous. He shatl be deemed to have opte$ the Pension Schenre Benefi ts. Application forms for exercising option woulcl be available with the unit officers and ali enrplQyees irrcluding retired employees wishing to exdr.cise optiot, ihoulcl rJo so witlrin the'Unit of ttreir. pl+1q1j worlcing/where frortt theV retired, wiilrin a period pf 30 clavs from the date of issue of this Office order. The Un.it Officers, after receiving the option fronn'the ex-enrployees, will take further necessary action for getti'"'g thu necessary forrns compieted, which will be supplied to thern by the LIC for Pension etc, they will also ensure the recovery of EPF and Giatuity from the Ex-ernployees before forwarding their applicatiops as rnentioned above. The cases of all officers will be dealt with at Fleadquarters. :/-r. The rrot and options received from the existing ernployees opi.ing Pension may be kept in their Pet-sonal entry made in their Service Bock." tor fi le regprds the I I to ;be paid I LOrporauon, ;).. A perusal.ol'the scheme shows that as retired employees, they had to specifically cpt 6iension arrd had to simultaneousiy refund to the flre employers''sltare L.ontributorY Provident received by them as. n-lembers cf the Fund . Scheme together witlr i'nterest W.P.((:) No.1402712009 & Connected Matters Pa[e 8 of27 I 'i i I I ,i I (vicje para 6 of the Scheme). As regards the existing erlployees, it was stated vide para 4, that the pension scheme would be compulsory for those who joined service unIer the Corporation with effect from 23.Ll J992 and as regaids the existing serving employees, vide para g, it was statbd that ilrose who cJo not submit any option would be deemeO f9 have optecl for the pension scheme. Thus; it is apparent'that as regards the existing employees of the Corporation wflo.were still in service when'the office order dated 27.'7f'rc?2 was 'promulgated, if they desired to continue to be the meqlbers of the contributory Provident Fund scheme they f "o to specifically say so, for the reason, their silehce was to be treatecl as a deemed option to opt.for the pension scheime and neeclless to state their positive option to opt for the irension scheme was alwaYs there. 3. without working oul- the modalities with the Llc to vvorl< upon and implement the pens!on scheme and lwithout cornpleting the formalities of compiling the data asi.to .whA optefl or who had to be treated as tlre de'emed opteb under the pension scheme and who specifically. opted to continue to be a member of the Contributory Provident Fund Scheqne,.post ha:;te, the Corporation notified a voluntary retirer,nent lScheme on 3.3.1993 contents whereof read as under:- \(/ :f- "Sub:- Voluntary Retirement of Employees Tra nspo rt CorPo ratio n. of":Delhi .l i t '.' The lnatter pertaining to the introductiQn of voluintary Retirement Scheme for the employees has been qnder the consideration of Delhi Transport Corporation. Salient Features of the proposed voluntary RetiFQmeflt Scheme are as under:- 1-. ApplicabilitY: The scheme will be aPPlicable to ernployees of the corporation i.e- W.P.(C) No.1aO27/2009 & Connected Matters all. rigular workersj and i Palge 9 of 27 \1 2. executives who are aPPointed vacancies in the corPoration. EligibilitY: against 'regular rules of the re'tires runder An employee nrust have completed ten-,Vqais af. service in tnis corporation or completed 40 yea'rs of age to qualify for consideration under the scheme. For this purporu, period of deputationiretentidn of lien in the parent office in lieu of deputation priior to {- urriorption in the regular service of the Corporition will be excluded. 3. Conditions covering voluntary retirement' (a) Voluntary retirement will be normaliy allowed only in cases of incumbents of the posts vyhich have been declared suirplus or redunpant' Houlever,',/oluntary retirement Scheme could also be allowed in other'cases dependiflg on the merits of each case and in the interest of the corporation. (b) 'Voiuntary retirement cannot be claime,o-by any employee as a matter of right' i The corporation will have the right not to grant VoJuntary Retirement for reasons !q be recorded in writing. under n0 reasons will the relief under tlris scheme be allowed frprn a . date .earlier than the date of 'passini the orders. i ; (c) An entployee in whose case any disciplinary case is pending will not be considered under this scherne until the disposai of the sanre- ; 4. An employee who had taken voluntary 1etirelnrent will be etiginte to the following refunds/paynrerjts,- I (a) Balance in his PF Acco.unt as Per rules of .! provident furrd applicable to hint. (b) Encash ment of refused accumulated earned leave es Per -corpbration'applicable to him as if he the rrorrnal rules of retirement. lea're I and \Ai.P.(C) No.14027 /2009 & Connecied Matters eage tO of Zt ep (c) Gratuity as per paymelt of gratYitY actland giatuity Rules of ttre corporation applicable to him. : (d) Three month notice pay as is applicable in the individual case as per 'thb terms of hini/her "*piovtnun.- i (e) An Ex-Gratia payment equivalent to i-ttZ month's basic pay plus DA for such comptgtg9 iye,ar of service timited to one monih pay multipliep OV in* nrmber of whose month of service left bqfore ; normal datb of retirement. i (f) Expenses for travelling for the entitled clasp.for ir-.'" "1.nployee and his/her family comprising his/her ipout"'an-O dependent members from th" P]ii"-:l iliid; J"iii"JT; ;;; pru." *r'"'u he/she inienf s to settle down in India. DTC Boa rd . This issue with a uthority. " 4. Needless to that those who oPt for tcl pension as Per the (vide para 4(g) bf the VRS Scheme). w.p.(C) No.I4O2'7/2009 & Connected Matters (g) F'ensiosrary benefits as per of'fice ItIo"J.6 dt.2V"3.1.92. (Emphasis supplied) okder the approval of comPPtent state, the VRS Schetne clearlyinotified voluntary retirement would be ientitled office order NJo,16 dated 27.LL.1992 I I l' I I iage L1 of 27 All amounts due to th against the PaYments employee concerned dures/advances taken vol ur ntary retirement. e Corporation will be aiOlrls under (d) & (e) above anP should clear anY outsta4< before the date of effe-c sted I the ding :t of C Ernployees working oq the post of Conductor ip the Corporation are proposed to be covered unde,r the Voluntary Retirement Scheme in the first instance. Such Concluctors who are desi"rous' of seilcing voluntary retirement in the proposed Schemei rnay give their option in the prescribed Performa thriough Iroper channel within 15 days to be concerned Unit bfficer who r,vill forurard the same to the Secretary, 7\ ri-J. 16.3.1993 open, for Soon thei'eafter vide office memoranduml i the VRS Scheme notified on. 3'.3'1993 *uq offers to be submitted h'y all employees i i The officer memorandum dated 16'3'1993 dated made of the reads a Corporation. ;t:; t:nder:- ,,Now, it has been decidecJ t.o correr all the employees of the corporation under the ploposed Volunlary Retirement Scheme. Such emPloYees who i ule Jesirous of seelcing voluntary retirement 1n i tf'e p'opot"O scheme iluU give . theit, -oP-ti-o,n .,il,i^tl: b ref c ri Oed p rofo rm a th ro u g h lcro p e r th ? n n " l,,yitli: ^1: buyr to the cencerned Unit Officers,,ryho will forward the same to the Secretary, DTC Board'" 6. when DTC notified the pension'. scherine on ?-'t .i.1.1gg2, the respondents of W.P.(C) Nos. 1402'). 2009; 4.0:t."/20.1-0, 565/2010, 598/201'0, 75412.0l-0, 19C)2/2010' ?.2'741?-010 (3 in number) and 391912010 specifically ofoted for Ll're rrension scherrte, 't The respondents of lW'P.(C) Ncrs.423 l2O1.O, -7561?010, B3212OL0, 75212010, 79),3120]-0 ' 7J841207A, 1386/2010 and 205!l2OlO cJicl not submit any cptions and hence were to be treated as deemed oplees for i It may Lre noted that the wfit petitioners ofi\ /.P.(C) : Nos. L63912010 and'1.729 1201.0 also did not submit anyioptions : aind hence would be cleemed to kre optees for ilension. i i B. lL may also be noted that the respondeni oflW P-(C) N1o.4906 t2070 and the writ petitioner of W.P.(C) No.46B91201-0 subrnitted their options expressly stating that they dci not opt for the pension .scheme, mqaning thereby, they i4tlicated pcsitively that they woulcl lil<e io continue to be mernbers of the Contributory Provident Furnd Scheme g. On different dates, but all in the year I1993 the .:.- perrsion. -a responcJents of ali tire writ petitions No.1.639 2A7.A, t'V.P.(C) No.1729 l2OlO W.P.(C) Na.1.402717009 & Connected N4atters i exceplt ;W.P.(C) I r r r n t, anci , W.P,(C) t. I ' Page L7of27 NIo.3339 l2olo and the writ petitioner of w.P.(c) No.46Bi9/2010 surbmitted offers under the VRS Scheme afore-noted and requested to be relieved from service' 10. It is thus apparent itrat if request for vo;luntary retirement was accepted, the said respondents and t,[e writ. petitioner of W.P.(C) No.4689 120l'0, would ' or 'would lnot be errtitled to pension would depend upon whether t,h"y or anvone of them had specifically opted to co'ntinue under the ContriLrutory Provident Fund Scheme" We say so lot the reason, pertaining to the existing employees,. the pension sclreme rrotifiecl on 27.11J992 clearly stated that thoisei who specifically opted for the pension 'scheme ind tho$e who' subrnitted no option whatsoever would be treated as oqting for tlre pension scheme and only those who specifically oipted to continue to be members of the Contributory Provident Fund Scheme wouid not be treated as optees.under the pension sclreme ancl would co.ntinue to be retained ds memberb of the Corrtri br-rtory Provident Fund Scheme. Thus, it is apparent that the respondent of iW'P'(C) IK 11. 1.7, Ncr.z1906 I2OIO and the writ petitioner of W.P.(C) N a.468,912010, having exercised a positive option to continue to be rretained i a:3 ffiembers under the Contributory Provident I=und Scheme, cot-rld under no circumstance claim benetit under the ipension i sclreme. i ln the year L994, by and under a notification dated 5,I2.1994.; all employees of the Corporation except bfficers, l-raffic Supervisors, Tls, ATls, Vehicle Examiners and iDrivers, were given another chance to opt for Voluntary Retirefngnt by subrrritting letters of offer. The scheme notified statecii that all [erms as per the VRS Scheme dated 3.3.1993 would apply. But, the said notification expressly stipulated the' fbllowing conclition:- w.P.(c) No.1.4O27/2009 & connected Matters Paie 73 of 27 q-- y/ ,,[t is also notified f,or !nforn'lation of a[[ $uc[r ernployees who opt for vRs that they wouldl nelt be entitled to join Fension Scl1eme if tfi'leyi are allerwed retirecment unden VR$' Other sa;lient features of the proposed VRS will remain the san'ie as announced earlier vide this office circular d;ated 03.03.1993." (Emphasis added) it' i:1. On 23jr2.Lgg4 another circular .was i issued ex[encling the right to make offer by all the. emirioyees ! pr:rtaining to the vRs scfreme notified on " 5.1-?-1994.. T"Sereafter on 8.5.1995, to a specified category of emIloyees stipr-rlaterJ in the scheme were given the option toisubmit ot.f.errs under the Voluntary Retirement scheme. But there was I ap express condition therein that these employees wcjuld not Lre entitled to join the pension scheme. The writ petitioners of W.P.(C) Nos.763912q10 and ,l unoer tne pen5lon thereof had retired on lr0.7.1991 i.e. before the notification' i c.iateO 2-7.7.1..Lgg2 was issued'and as regards hirn, videi para 6, if he dicl not specificallV rrpt for the pension scheme uiithin 30 cJavs of the notification dated 21.11.1-992 he would Have got .: no benefit under the pension scheme for the reason on his .; .l .. Page t4 of 27 7.72gnA10, who were deemed oPtees sr:lrerne, having exercised no option at notificartion date d 21.11.1992, submitted retirecl orr 4.1.1995 and 17.10.1995 1.4. 15. 16 I all pursuant to. the ; offer to- be voliuntarily -fd put it in a nut-shell, all employees tt1lho are (:' lit.iclating under the various petitions either as the pietidioner or I as the respondents, .except the two petitioners of iW.P.(C) Nos.1639/2010 and l72g/20]r0, submitted offer letteis to be volr-rntarily retired under the VRS Scheme notified on 3l:.f g.9:, I wlriclr contEined the ternts of the scheme and as eNterrded fronr tinre to time iri i:he year 1993 , As regards W.P.(C) No.3339 l2O.7O, the resi:orrdent W.P.(C) No.I4027/2009 & Cc,nnected N4atters retirement he was paid over the dud i.e. the amourit to his credit under the Contr:ibutory Provident Fund Scheme' i t-taO tre .exercised such an option he was obliged to have refurjded the rnanagement's contribution credited to his account under the' Corrtributory Provident Fund Scheme i .l Tl.Thus,wecanconvenientlysegregatethel'itigating parties in three compaftments. Those who exercised option For- voluntary retirement in 1993' Those *n:^:*"tt',t"i9,,option f.or- voluntary retirement in the year 1995. Laptly the res$ondent of W.P.(C) No.3339 12010 whose case t1?t to be dealt with de-hors the Voluntary Retirement schemes' :l-tJ. We deal with the grievance of . the Coriporation' .r_(). , rr- | \. pertaining t.o w.P.(c) No.3339 :2OIO, the respondentlwhereof lrars got benefit from the Central Administrative ifribunal' rnrlrere vide order dated 15.1..2010 his' claim has beeri allowed by lrolding that he is a deemed optee for pension as per the I pension scheme notified on 27.11'1992 ; 19. No discernable reasons are fdrthcoming from the I clecision of the T'ribunal save and except that the Tripunal has treated his entitlement in terms of clause 9 of the pension sclreme dated 27 .:.,:r.Igg2, ignoring the fact , that iclause ? appliecl to the serving employees of DTC atrci ih rbspect of those who had retired prior to the promulgatioh of the notification dated 27.Il,.Lgg7., were required to eSercise a positive option to be given pension with concomitaint act o'F refr-rnding the management'S share received by them under the contributoryr Provident Fund scheme, vide parai 6 of the notification clated 27.11..1992. Indeed,.this has beel so held hy a Division Bench of "this coutt in the . decisibn. dated 16.3.2000 in LPA No.33/199A nC ttS. Sn'BainCbg,haraav & Ors. which decision has..been upheld by the Supremg Court in W.P.(C) No.L4027 /2009 & Connected Matters .l ;- Paee LS of 27 I. decision ee 20. Thus, as regarcls W'P'(C) No'3339 2AJ0 is' concerned, noting that the respondent therein could inot be . [reated as a deemed optee 'for the pension scheme andihaving rrrrt specifically opted for the pension scheme anO ihaving" received all dLles payable to him when.he retired. as bef the atTlourrt. lyitrg to his credit as a member oi the ContrlibutoW' provident Fund Scheme ancl obviously he having not opted for tire pension scherne ancl thus not having returngd the managernent's contributtion perta!ning to him ancl as qredited in l-ris account .as a member of the corrtributory provideht Fund Scherne, said respondent wOuicl have no case at all' : Thus, W.P.(C) No.3339/2010 is allowed' lm'pugned 7t. ?3. iurlgment and or'Jer dated 15.1'.2010 allowipg TA Nlcr.1209 l2}0g is set aside and TA No.l2OglZOOg is disniissed" 22. We take up