11 * % IN THE HIGH COURT OF DELHI w.P.(c) 423|2OLO DELH I TRAN SPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS SATYA PRAKASH KHURANA ..... Respondent Through: Ms.Kittu Bajaj, adv. CORAM: ' HON',BLE MR. JuSnCe 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? PRADEEP NANDRAIOG, I. For orders, see W.P.(C) No.L402712009. f il (PRA;Silil*o,oo, JUDGE AUGUST LO, zot O mm AT NEW DELHI ment Reserv .--=-^----r'-- n:i-29n Tr,.Q,-,-'.. 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 lw >1. % t- INX TFIE FIIGH COURT OF w,F.(C) L402712409 DELH I TRANSPORT CORPORATION Through: Mrs,Avnish ChaudharY, VCTSUS TVIADHU BHUSHAN ANAND Through: ..... Petit Ahlwawat, Advocate ..... Res Ms.Kittu Bajaj, Adv. tt w.P.(C) DTC 40uzaLo Through: VCTSUS ..... Peti Ms. Lati ner .Latika ndent toner -t- Mrs.Avnish Ahlwawat, Chaudhary, Advocate -t- SUDERSHAN LAL SHARMA Through: Ms.Rekha Aggarwal, Advs. w"P.(c) DTC s6s/20L0 Through: Mrs.Avnish Chaudhary, VCTSUS SURESH CHANDER. Through: w.P.(c) 598/20L0 DELHI TRANSPORT CORPORATION Through: Mrs.Avnish VCTSUS Chaudhary, , -t. ZILE SINGH Through: Mr.N.L.Bareja, W.P.(C) No.14027/2009 & Connected Matters DELI.i I AT NEW DE[-l-ll[ rV n: 29th tv. zlo l.b l{ -l- w.Fr.(c) 754120Lo D.T.C. Through: VCTSUS JAG SHORAN Through: Mrs.Avnisn ChaudharY, Ms.Kittu Bajaj, ..... Petitio Mrs.Avnish Ahlwawat, ChaudharY, Advocate Ms. Ktr.u e a;ai,'ol?too . Petitior Ahlwawat, M Advocate ..... Respo Adv. er .La,tika ?' t5 1, nident atika r is.l- I I I i I bnt I I ner Ms I I I i I rl noe I i -l- vu"rr.(c) 19O2/2O10 D-TC Through: VCTSUS SURENDER KUM/\R Through: -t. w.P.(c) 227412@LO DF.I-H I TRANSPORT CORPORATION Through: Mrs.Avnisl'r Chaudhary, VCTSUS srl GURBACHAN ?hrffifi: .w.p.(c) 391-9/203.O DELH I TRAI ISPORT C-:ORPORA']-l ON Throrigh: . Mrs.Avnish ClraudharY, versuS ....'. Retition Ahlwawat; Advocate ? RAJO SAINI Tl-rrough: Ms. Kittu guiuJ, W.11.(C) No.1a027/2009 & Connected Matters' i pj*u z or zz t- I I \qv I-1- vu.P. (c) 423t2oLo DELH I I-RANSPORT CORPORATION Through: Mrs.Avnish ChaudharY, . VCTSUS ..... Petitibner Ahlwarruat, Ms.Latilca Advocate SAryA PRAKASH KHURANA. Through: '.',. Ms.l(ittu Bajaj, adv' Respondent -i -t- w.P. (c) 756l2ox-o DELHI TRANSPORT CORPORATION 1-hrough: Mrs.AVnish ChaudharY, SOM DUTT versus Through: Ms.DeePali vu.P.(c) 832l2oro VCTSLIS J.L.DHUPAPR Througlr: ..... Petitioner Ahlwawat, vis.Latilca Advocate i i I -t- t, ta ;h ry sh rl'V ha ll5 | Sh ris lar fn h rVI cif N,.5 /n hi d ]N rs.At hauc ti.s.r ON {rs.A .haur ON 1rs. .hat 4i.S loN 4rs lha Tlc Mt CI M \Tl( M C RA {POt ,rgh; IA r.rglr: RPO ughr OR rou lMr roLr .otl roL ro RI rrc rc( Thr S -IAF Tht LO TC Tht T' TI IS HI T 1( {T T R ;u: S} ol )R POf ers \R: u2( ;PO \/e .AI 2t SF rNS V WI t52 AN5 7 A ..... nesponhent Gupta, Adv. lt n .. . ResPpndent Mr'.Narottam i VYas, lvl f .l\dl\JLLcllll I Mr.Vikramjeet Si kand,,$dvs. i I Er il/l I i I I I I I I de Ii' I I I I I I I tiic e T DELHI SI.'I RA W"P.( DEl_lll rRA 4A\ =1 7 TRI M c ka ika ti Lal t- er .La le Ii' I I I I I I I iio I M .l I I on + on -.ti rl- e' :to rl :e )o )e a1 +^ LC o tr .... Pe Ahlwa Advot .... Rc ma, a Ahlw; Advo AI At ... rm A ,A :titi rWd - ^+, -d Ll )sp dv. .P twi cat r rJ, )et vclv oci 1e: ^-l cl \l :.^ lU d foc W.P.(C) No.1402712009 & Connected Matters 't' w.p.(c) 7e3l2ALO D E LH I rRAN s Po -iF'?ilfl l^t^l?IAvn i s h . ChaudharY, versus . VCTSUS 5I-I.NANU RAN4 SHARMA Through: \tu"p.(c) zosL/20i-0 Mr.N.L.Ba reja, qTC -[hrough: Mrs.Avnish Chaudhary, VCTSUS RANDI-IIR.SINGH Throu-c1h: w"P.(c) 4906/20L0 DELHI TRANSPORT C-ORPORATION Througlr: Mrs.Avrtish -t- BFIAGWATI ,PRASAD T'hrough: Ms.Kittu Bajaj, uu,P.(c) L384|?ALO ..... Petitioner Ahlwawat, MS.Latika Advocate Respond{nt Adv. ..... Petit-ioner Ahlwav.rat, Ms.Latika AcJvocate i Ahlwarrvat, Ms.Latika a' ..... Petrttonef' Ahlwawat, Ms.Latilca Advocate i i -l ..... ResPondent ja, Adv.' i .i i ..... Petitione!- Alrlwawat, \1s,Latika Advocate i D'f c' Through: Mrs'Avnish ' ClraudharY, VCTSUS sr-T.RAJENDER SINGH Through: Mr.N.L.Ba re uu.r'r"(c) 1386/201.0 DELHITRANSPORT CORPORATION -fhrough: Mrs.Avnish ChaudharY, Respond Adv. It,enf It.' ? VCTSLI5 RAMESH CHAI{D.,iAiN ' -[hrough: ',!. lr. ( C) ino.1.tlo27 / 2009 & Co n n e cted tr/l at te rs Chaudhary, Advocate : .... ResPondenL Mr.N.L..Bare1a, Adrr i q oizt Page \q l- -l- w.P.(C) 4689|?OX,O DEBI SINGH Through: rru"p.tcl L639/20XO CHARANJIT BATRA Through: w.p,(a) 1729120L0 CFIARAN KAMAL Through: VCTSUS DTC w.P.(c) D.T.C. Through: 3339/20LO -[hrough: VCTSUS PULAI( MUKHERJI . "Through: CORAM: t-loN'BLE MR, JLJSTICE h{oN'BLE MR. JUSTICE I.. Whether the RePorters of to see the judgment? VCTSUS DELHI TRANSPORT CORPORATION Through: Mrs.Avnish ChaudharV, Ms.DeePali ..... Petitioneri Gupta, Adv. i :.... ResPondqnt Ahlwawat, Ms.Latika * Advocate ' ..... PetitioneI Ms.Kittu Bajaj, Adv' VCTSUS DEL.HI TRANSPOROT CORPORATION Through: Mrs.Avnish ChaudharY, ..... Respondent Ahlwawat, Ms.Latilca {. Advocate Ms.Kittu Baj;l; Petitionei adv. I I '-t . :| "! ..... Respono9nt Mrs.Avnish Ahlwawat, Ms.Latika ChaudharY, Advocate i ; Mrs.Avnish Ahlwawat, Ms'.Latika Chaudhary, Advclcate i I ...... Responcient Mr.Anrit Kumar, Adv. PRADEE'P hIANDR.A.FOq MOOL ChIAND GI\RG i .j j local papers may be allowed ? -l- ?.. To be referred to RePorter or not? W.lr.(C) No.L4O27 /2009 & Connected Matters Page 5 of 27 t) \{ J. Whether the judgrnent should be reported P W.P.(C) No.14027/2009 & Connected Matters tn ihe '- Digest? :lWiththepromu|gationoftheDe|h''Ynicipa| Lorl:oration Act 7957 artcl the Constitution of the Mtrnicipal Corporation of Delhi, municipal functions in Delhi except NDMC area and the area fallinQ under the jurisdiction iot the Cantorrnrent Board were vested in the" Municipal Corporqtion of llellri, which included the function of providing"public transport irr tlre city of Delhi. As a separate wing of thb corporatilon, the . Delhi Transport.Undertaking was constituted with a sgparate hrLrtlget and separate staff. As the city of Delhj.grew,i it was thoi-rght advisable to corporatize public transport in Delhi and t-l^ti-rs; [lre Dellri Transport Corporation vras formed as ia body crlrporate and it tcrclk over the functioning of ' the Del[i 'l'ranspo;t Undettaking. The said Corporation hacl in iplace a Contributory Proviclent Fund Scheme for its employCes and ileelr-lless to state each tnonth a'fix amount was deductbd from' r.l.re sdlary of the emprloyees ancl with a -matching conlribution hy t5e Corpclration was creclited in the ftincl. and'in the bccor-rnt oi tlre employee, who needless to state \^/as a niernhr{' of the Contributory Provident Fund. The employees iof thg i C-or-poration agitateci for long that the, pension sclremF of the Governnrent of lrrdia, which was extended to the neiynicipal enrpl6yees be also extended to them and in respeci of rnihich claim they lrad petitioned the Supr-eme Court, whe'n in the year Lggzthe Cbrporation gave an assurance to the Suprenlre Court t'liat it would introdLlce a pension scheme for its emi:loye.es, inclr-rding the retired enrployees and pursLlant theretg issued office order No.16 rlated 27.II.1992 notifying that a lpension s;r:heme stood notified which would be'operated bir lthe' Life ? Paee 6 of 27 t- \r Irrsurance corporation of India (Llc). The office order nrrcler:- relads AS -/} " No.Adm 1-5@)192 emPloYer's share. W.P.(C) No.L4O27 /2009 & Connected Matters Dated 2l .ILi92 I Pension Scheme woulb be Sub : lntroduction of Pension scheme in'DTC as appf icanle to the Central Govt' EmplgYees' i t. The introduction of Pension Scheme for the empiiees of the DTC has been sanctioned by the Central .q1"J andconveyedbytheM.o.S.T.videletterNoi.RT- LIII}iLUBB-TAG dated 23'1't'92 as on th9 . tiiTg ;;ft"ilu, Fot the Central Govt' employees subjegt to the following conditions:- 1. The pension scheme rniould be ope'rated bY, the LIC on behalf of DTC i 2. The date of e'Ffect of 3.8.1981. 3. .All the existing employees including tho.se refired w'e.t.3.B.19B1onWarc|swouldhavetheoptiontoopt for the Pension Scheme or the Employees Contribtrto.ry provident Fund as at present, within.30 days fronl the date of issue of this o.o. for the implementation olf the pension scheme as approved by the Govt' of lndiai. I 4. The Pension. schenre would be compulsory fpr alt the new employees joining DTC w.e.f. 23.ll-.92t, the date of sanction of the scheme' i 5. The Pension Scheme would be operated bi i!9 Llc on behalf of DTC. The employees share in the EPF At,- of the DTC employees, who opt for pepsion Schenre would.be transfeired to the LlC, fol operating'. : 6. The employees who have retired on or aftbr 3'd August. 1gB1 ancl the existing employees, yvfo ifraye Orawn the employer's share, under the EPF Act, partly or-*t'''otty.shalt frave to refund the same wiih-in-!erest in the event of their opting for the Pension scheme' 'The total amount to be refunded by the .r:etired employees/exisi-ing enrployees would be the arnount that would have accrued, had they not withdrawn the ? ..f- I I .i .l I I I i I I I I I 7. Excess amount of grbtuity, if alr'eady paid to ex- employees and which is not admissible, underi the Perjsion Scheme, will have to be refunded by. them before any benefit under the Scheme, is grantqd .to them. B. A due ancj drawn statement would be preplared in respect of retired enrployees opting for Pension scheme and tlre amount to be paid/refunded, lvould be worlced out by the concerned unit, wherefrom the employee had retired from service. ployee of DTC, who doeq 'not lf anyr of the emplo ? exercise any option withip the prescribed period of 30 clays or. qu'it service or dies without exerc.isin!.an opLion or whose option is incomplete or condition;al .or ambiguous. l-le shall be deemed to have opted the opiion or whose option is incomplete or conditio Pension SChenre Benefits. /\pplication forms for exercising option would be available with the Unit Officers and ali enrplQyees includirrg retired employees wishing to ex{rcise option, ihoulcl do sc *itf'lin the Unit oJ ttreir prgse,n-t worlcing/where i'rorn theV retired, wiilrin a period pf 30 c'lavs from the date oF issue of'this Office order' The Unit Ofticers, after receiving the option fronn the ex-enrfloyees, will tal<e further necessary actioin for gettirrg the necessary forrns completed, which w;ill .be supplied to them by the LIC for Pension etc. they will also ensure the recovery of EPF and Giatuity froqn the Ex-ernployees before forwarding their applications as rnentioneb abclve. The cases of all officers will be dealt with at l-leadtluarLers. 9 Tlre rrot and options received frclm the existing ernpldyees opting Pension may be kept in their Pet'sonal entry made in their Service Bock." for file ',).. A perusal of the scheme shows tlrat uu ,ugirds the refired employees, they . hacl to specifically opt to ,ne paid 6rension arrd had to simultaneousiy refund Lo the Cor5foration', fhe employers' slrare received by them as n-renrbers cf the L.ontrilrutory Provident Fund .Schenie together witlr iinter-est W.P.((:) Nct.14O27/2009 & Connected Matters Pa'ge 8 of 27 ,+ (vicle para 6 of the Scheme). As regards tlre existing er-nployees, it was stated vide para 4, that the pension scheme would be compulsory'for those who joined service .unper the Corporation with effect from 23.l-1.1992 and as regaids the existing serving employees, vide para 9, it was statpd that tlrose who r1o not submit any option would be deemed to have optecl for the pension scheme. Thus; it is apparent'that as -c Ll- ^ -^ regards the existing employees of the corporation wl.io were still in service when the office order dated 27.'\l-'l-9?2 was Bromulgated, if they desired to continue to be the mernbers of I the Contributory Provident Fund Scheme they F-d to . specifically Say So, for the reason, their silehce was to be I treated as a deemed option to opt.for the pension sche;me.and . neeclless to state their positive option-to opt for the p€nsion scheme was alwaYs there' 3. '' without worlcing ou[ the modalities with the Llc to wclrl< upon and implement the pension scheme and iwithout cr:rnpleting the formalities of compiling the data as ito who opted or who had to be treated as tlre deemed opte,b under tlre perrsion scheme and who specifically opted to conltinue to kle a member of the Contributory Provident Fund Scherire,.post ha:;te, the Corporation notified a voluntary retirerpentischeme on 3.3.1993 contents whereof read as under:- I of 'Delhi "Sub:- Voluntary Retirement of Employees Transport CorPoration The lnatter pertaining to the irrtroduction of voluln La ry Retirement Scheme for the employees has been under the consideration of Delhi Transport Corporation. Salient Features of the proposed voluntary Retire,ment Scheme are as under:- ? 1. ApplicabilitY The scheme will be aPPlicable to ernployees of the . corporation i.e- w.p.(C) No.t4O27 /2009 & Connected Matters all re workersi gul'ar and I Palge 9 of 77 1P ( 'v\ fl executives who are appointed against vacancies in the corPoration. 2. EligibilitY, ' reEular absorption in the regular service of the corporition will be excluded. 3. Conditions covering voluntary retirement' Volr-intary retirement will be norrnal!y allowed only in clses of incumbents of the posts r4rhich An employee must have completed .ten .yeatt ol service in ttris corporation or ccmpleted 40 yea'rs of age to qualify for consideration under the Sche'me' For this purpose, period of deputationiretenticin of lien in the parent office in lieu of deputation prilor to t-f- (a) have been declared suirplus or redundant. Houlever, voluntary retirement Scheme could also be allowed in other cases dependin;g on the merits of each case and in the interest of the corporation. (b) 'Voiuntary retirement cannot be claime'd by any employee as a matter of right. I The coiporation- will have the right noi to !rant Voluntary Retirement for reasons tq be recorded in writing. Under no reasons wi,ll the relief under this scheme'be allowed frorn. a date earlier than the ddte of passingj. the orders. I J 'l (c) An entployee in whose case any discip[inary case is pending will not be considered Under this scheme until the disposal of the same. 4. An employee who had taken voluntary retire;rirent will be eligible to the following refunds/paVrnerlts:- I 'I per rules of '.'l i (a) Balance in his PF Accbunt as provident furrd applicable to hint. (b) Encashnrent of refused lea're accumulatecj earned leave as per rules corporation applicable to him as if fre retires tlre rrormal ruies of retirement. and of the Lnder ,I Pige Io of 27 il/.P.(C) No.IaO2712009 & Connected Matters 1/ w (c) GratuitY as Per PaYment gratuity Rules of the corPoration (d) Three month notice PaY 'the individual case as Per the emploYment. acti and (e) An Ex-Gratia payment equivalent to .I-Il2 month's basic pay plus DA for such completed iyear of service limited to one month pay multipliep by the number of whose month of service. left bqfoi-e normal datb of retirement. (f) Expenses for travelling for the entitled clas,s-,for it-.1u u1.1.1ployee and his/her family comprising hi;/her spouse'anb dependent members from the plac,u 9f his/her posting to th'e place where he/she intenrds to settle down in lndia. ' i (q) trensionary benefits as per off,ice'otder ruo.rs dt.27 "L1,9i. (Emphasis supplied) I .: All amounts due to the corporation will be adj{sted against the payments ltnder (d) & (e) above and the employee conterned should'ci.ear any outsta4ging. cjueS/advances taken before the date oi effelct of voluntary retirement. Ernployees working on the post of Conductor ih the Corpoiation are proposed to be'covered undet the Voluntary Retirement Scfteme in the fiist instarice. Such Concluctors who are desirous of seblcing voluntary retirement in the proposed Schemei rnay give their option in the prescribed Performa th(ough proper channel within 15 days to be concerned Unit Officer who will forward the same to the Secretary, .i. ri as is applicabf e in terms of him/her of gratuitY a pplica b le to him. notified entitled 27 .1"r.\992 I I I I 'l Page 3.1 of 27 -rA Y DTG Boa rd This issue with the aPProval a uthority. " I I I I of competent Needless to state, the VRS Schelne clearly that those who opt for voluntary retirement would be to pension as per the office order ltJo'16 dated (vide para 4(g) of the VRS Scheme)- w.P.(C) No.IaO27 /2009 & Connected Matters :L\ v\ !r. I6.3.1993 ollen, for soon thereafter vide office memorandumi dated the V.RS Scheme notified on 3.3.1993 wa? made offers to be submitted by all employees iof the i I I 1993 the W,P.(C) W.P,(C) Page LV of 27 .t' t i I I-l 'l I Corpo;ation. zr:; utrder:- The officer memorandum dated 16.3.1993 reads "Now, it has been decided to correr all the'emplofees. of the corporation under the proposed VoluTlary Retirement Scheme. Such employees who i are desirous of seelcing voluntary retirement in i the proposed scheme rnay give their option .il.i t!9 prescribed proforma through proper channel.,withiin 15 days to the cOncerned Unit Officers, who will fo5yvard the same to the Secretary, DTC Board." i When DTC notified the pension scheme on ?'t .1.1.Igg2, the resp6ndents of W.P.(C) N.os .1402712009;' h}\n0La, 565i2010, 5918/2010, 754120L0, 1902/2010, ?2741?.010 (3 in number) and 3g1:g12010 specifically opted for 't tl-re pension scherrre. The respondents ' 'of lW.P.(C) l\trr:;.42 3120J.0, 7 56|L010, 83212010, 7 52120L0, -/ 9t3120]-0, 73841201A, 1386/2t)10 and 205L12010 clicl not sunmit any clrl,ions and hence were to be treated as deemed op[ees for i;' It may be noted that the writ petitioner-s ofl\A/.P.(C)' 'i Nicrs.163912010 and 1.729120J.0 also did not submit anVioptions arrrrl lrence would be cleerned to loe optees for pensiorr. i B. lt may also be noted that the respondent ofiW.P.(C) Nf o.4906 l2OL0 and the writ petitioner of W.P.(C) tito.+Ob9 I2OIO .subrlitted their options expressly'stating that they doi not opt for the pension sgheme, mqaning thereby, they indlcated pc:;itively that they woulcl lil<e io continue to be merlrb.ers of a. F)enslon. the Contributory Provident Fr-rnd Scheme g. On different dates, but all in the year responclents of all tire writ p,etitions except No.1.6 3gn}7.0, W.P.(C) No.1729 '2010 ;:nci w.tr.(C) No.1.402712009 & Connected N4atters 2Ai ,/ 1r Nto.3339 l2}l0 and the writ petitioner of w.P.(c) No'46Bl9l2}l-0 sr-rbrnitted offers under the VRS Scheme afore-noted and requested to be relieved from service' It is thus aPParent that if request for vo'luntarY /\ retirement was accepted, the said respondents and tfe writ petitioner of W.P.(C) No.4689 120L0, would or 'would inot be entitled to pension would depend upon whether tl."y or anyone of them had specifically opted to continue Llnder the Contributory provident Fund Scheme. We say so io, the' reason, pertaining to. the existing employees,. the pension sclreme notifiecl on 27.11.1992 clearly stated that thoise who specifically opted for the pension .scheme and tho$e who strbrnitted no option whaLsoever would be treated as oqting for t-hr: pension scheme and only those who specifically oipted to continue to be members of the contributory Provident Fund Scheme would not be treated as optees'under the. pension ,t sc-lreme ancl would continue to be retained ds memb.erS of the Corrtriburtory Provident Fund Scheme I Thus, it is apparent that the respondent of lW'P.(C) 1"0. 11. sc hem e. 1.2 corrclition:- w.P.(C) No.L4027/2009 & Connected Matters Ncr.z1906 I2OLO and the writ petitioner of W.P.(C) Nct.4689|2OIO, harring exercised a positive option to continue to be r:etained as members under tlre Contributory Provident Fund Sclreme, I cot.llcl under no circumstance claim bene'fit under the :penSion In the year !994, by and under a notificatiorn dated 5.I2.L994., all employees of the Corporation except Of'ficers, l-raffic Supervisors, TlS, ATls, Vehicle Examiners ancl iDrivers, were given another chance to opt for Voluntary Retirerinent by subrrritting letters of offer. The scheme notified statedj that all i terrms as per the VRS Scheme dated 3.3.1993 woulfl apply. Bgt, the said notification expressly stipulated the fbllowing Page t3 of 27 a ,/t / "[t is also notlfied f,or infonmation of a[l sucftr employees who opt for VR,s that they wou[d; r''lot be 'entitled to join Fension Scl"leme !f theyi are aliowed retirernent unden vRs. other sqlient features of the proposed vRs will remain the san"ie as announced earlier vide this office circular diated 03.03.1993." (Emphasis added) On 23.I2.L994 another circular was issued I :1. -/.,\ exl-encling the right to make offer by all the. emirioyees pert.aining to the VRS Scl'reme notified on 5'12'1994' T'[ereafter on 8.5.1995, to a specified category of emItoyees stipr-rlatecj in the scheme were given the option to lsubmit olfers under the Voluntary Retirement'scheme' But there was an express condition'therein that these employees wQuld not : he entitled to join the pension scheme' i 14. The writ petitic.rners of W.P.(C) Nos.1639/201-0 and .i 7.7?-9120l0, who were deemed optees under tne pgnslon scherne, having exercisecl no option at all pursUant; to.the notificartion date d 27.11.1992, submitted offer to- be voliunLarily rr:tirecl orr 4.1.1995 and 17.10.1995. 15. -l-o pr-rt it in a nut-shell, all employees Who are litigating under the various petitions either as the petitioner or as the respondents, except the t1ruo petitioners of iW P.(C) Nos.1639i2010 and I-729[2A]A, submitted offer letters to be volurntarily retired'under the VRS Scheme notifie.d on 3i:'fg.g:, ': wtrit:lr conteined the ternrs of the scheme and as extended fronr tinre to time iri i:he year 1993. 16 As regards W.P.(C). No.3339/2010, the respondent thereof had retired on ].:0.7.199f i.e. before ihe notification i clateci 2-7.1.1..L992 was issued and as regards him, videi 0ara 6, ii he did not specifically opt for the pension scheme within 30 clavs of the notification datecl 27.11.1992 he would have got .'' no benefit under the pension scheme for the' reason on his ?age L4 of 27 .I i W,P.(C) f|o.14027 /2009 & Cc,nnected N4alters A : ret-irement he was paid over the due i.e. the amourit to his credit under the Contr:ibutory Provident Fund Scheme' i UaO tre exercised such an option he was obliged to have refunded'th.e management's contribution credited to his account urlder the Contributory Provident Fund Scheme i T.l.Thus,WeCanconvenientlysegregatethe|,itigating parties in three compaftments. Those who exercised option 'l'or voluntary retirement in 1993. Those who exercised option lor- voluntary retirement in the year 1995. Labtly the respondent of w.P.(c) No.3339 l2}]0 whose case h4t to. be dealt with de-hors the Voluntary Retirement schemes' We deal with the grievance of . the Coqporation :r.8. pertaining t.o w.P.(C) No.3339 l2}l:0, the respondentiwhereof hars got benefit from.the Central Administrative ifribunal' where vide order dated 15.1..2010 his'claim has beerj allowed by lrolding that he is a deemed optee for pension.aS per the I pension scheme notified on 27 '11 J992' i" 19. No discer-nable reasons are forthcoming !ron,.' the I clecision of the Tribunal save and except that the Tribunal has [reated his erititlement in terms of clause I 9f thq perrsion .scheme dated 21 .!l.lrgg2, ignoring the fact , that iclause ? applied to the serving employees oF DTC atrcj ih rbspect of I those who had retired prior to the promulgation of the notification dated 21 .J'1'.Lgg2, were required to exercise a positive option to be given pension with concomitalnt act of refunding the management's share received by them under tlre' Contributory Provident Fund Scheme, virJe para'.6 of the notification .clate d 27.11..1992. lndeed,. this his beeh so held by a Division Bench of this Court. in the tJecisibn dated 16.3.2000 in LPA No.33/1998 W ttz-sn.u!'nath B''!larctav.& Qrs. which decision has'been upheld by the Supreme Cour-L in I I .t , Page L5 of 27 W.P.(C) No.L4O27/2009 & Connected l/latters .x t.lre decision rePorted as (2001) 6 SCC 61 DTC Retired Thus, as regards W'P.(C) No.333 924,10 ' is En't 20. w.t,.(c) No.1402712009 & connected Matters concerned, noting that the respondent therein could inot be t,r-eated as a deemed optee for the pension scheme andihaving not specifically opted for the pension scheme and ihaving' received all dLles payable .Lo him when he retired as 'pef the anrount. lyirrg to his. credit as a