\o IN THE HIGH 1+' : COURT OF DELHI AT NEW DELHI ,'*t * o/o +. w.P.(c) 7g3l2olo DELH I TRANSPORT CORPORATION AUGUST 10, 2O1O mm -^^dY (PRADEEP NANDRAJOG) JUDGE .. Petitioner a' Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate versus BHAGWATI PRASAD ..... Respondent Through: Ms.Kittu Bajaj, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON',BLE MR. JUSTTCE MOOL CHAND GARG 1. Whether the Repofters of local papers may be allowed to see the judgment? 2. To be referred to Reporter or not? . 3. Whether the judgment shotrld be reported in the Digest? PRADEEP NANDRAIOG, I. For orders, see W.P.(C) No.1402712009. , ludqment Delivered On: 70th Auauit. 2070 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 \\ IN THE w.P.(c) t4o27t2oo9 - DELH I TRANSPORT CORPORATION versuS MADHU BHUSHAN ANAND HIGH COURT OF DELHI AT NEW DELHI i + w.P.(c) DTC ' Through: Mrs.Avnish Ahlwawbt, Ms.Latika Chaudhary, Advocate . '. Petitioner ..... Respondent . -1, . Through: Ms.Kittu Bajaj, Adv. 40u20Lo ..... Petitioner , Through: Mrs.Avnisfi Ahlwawat, Ms. Latika ^ Chaudhary, Advocate versus SUDERSHAN LAL SHARMA Through: Ms.Rekha'Aggarwal, Advs. + w.P.(c) s6s/2olo DTC . Through: versus SURESH CHANDER Through: M r.s. N. sh" r,,,,'u,' oolesPondent ..... Petitioner ' Through: Mrs.Avnish Ahlwawat; Ms.Latika Chaudhary, Advocate : ..... Respondent Page L of 27 l\{ + w.P.(c) s98/2O1O DELH I TRANSPORT CORPORATION versus' ZILE SINGH \ W.P.(C) No.l4O27/2009 & Connected Matters Through: Mr.N.L.Bareja, Adv. lu w.P.(c) 754l2OrO .J D.T.C. . Through: VCTSUS JAG SHORAN w.P.(c) L90220LO' , DTC , . Through: ' versus SURENDER KUMAR Through: w.P.(c) 2274120rO SH.GURBACHAN LAL & ORS. W.P.(C) No.L4O27/2009 & Connected Matters - ...:. Respondent Through: Ms.Kittu Bajaj, Adv. . \' .... Petitioner Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate ,t' ..... Respondents Page2of 27 t. + DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VETSUS Through: Mr.N.L.Bareja, Adv. w.P:(c) 3gre/zoto ' , DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avhish Ahlwawat,' Ms.Latika \l +' w.P.(c) 423120to DELH I TRAN SPORT CORPORATION SH RAM AWAR SHARMA .. Through: ..... Petitioner ' Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate : versus SATYA PRAKASH KHURANA Through: Ms.Kittu Bajaj, w.P.(c) 7s6l20l.o DELHI TRANSPORT CORPORATION ..... Petitioher 'Through: Mrs.Avnish Ahtwawat,'Ms.Latika Chaudhary, Advocate vr!rsus SOM DUTT ..... Respondent . Through: Ms.Deepali.Gupta, Adv. w.P.(c) a3a20Lo. , DELH I TRAN SPORT CORPORATION rhroush: uil:frT:',{, ilH?:.T' Ms Latika . .'1 . VCTSUS ..... Respqndent Mr.S.N.Sharma,' adv. wrP.(c) 752120LO DELHI TRANSPORT CORPORATION .... petitioner. Through:, Mrs.Avnish Ahlwawat, Ms.Latika versus ' Chaudhary, Advocate A J.L.DHUPAPR . Through: t' W.P.(C) No.L4O27 l2@9 & Connected Matters Respondent Mr.Narottam Vyas, Mr.Vikramjeet Sikand, Adv3. .(. . :. ' . Page S ofZT (s .*. r€-. -+-i l,- .l',- -;*.tir, ."- \YI ,/: a 1v w.P.(c) 793120to DELHI TRANSPORT CORPORATION Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Ch.audhary, Advbcate . versus .1 . BHAGWATI PRASAD .....'Respondent Through: Ms.Kittu Bajaj,'Adv + w.P.(c) L384l20rO D.T.C. ..... Petitioner l Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate -, - VefSUS a . SH.RAJentOfn SINGH ..... Respondent Through: Mr.N.L.Bareja,Adv. J + w.P.(c) 1386/2OXO DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate veisus clJ hlnnllI DAnt ellntrnrn I n " : '1 sH'NANU RAM sHARffign, - Mr.N.L.Bar"r;; i;r:ponoent \ +. w.P.(c) 205Lt20to DTC Through: Mrs.Avnish Ahlwawat,' Ms.Latika .l versus I RRrvoruR srNGH Ch'audhary, Advocate ..... Respondent : Through: Mr.N.L.Bareja, Adv. + w.P.(c) 4so6t20ro DELHI TRANSPORT CORPORATION Petitioner Through: Mrs.AVnish Ahlwawat, Ms.Latika ' RAMESH CHANDJAIN ..., Respondent . Through: Mr.N.L.Bareja, Adv. 1 ,. W.P.(C) No.t4O27/2OO9 & Connected Matters . versus Chaudhary, Advocate : Page 4 of27 rt .,i , l, .- tr( l\t) +. w.P.(c) 46A9aOLO DEBI SINGH .... Petitioner Through: Ms.Deepali Gupta, AdV. . r' -, VCTSUS I PELHI TRANSPORT CORPORATION ..... Respondent . Through: Mrs.Avnish Ahlwawat, Ms.Latika. Chaudhary, Advocate + w.P.(c) 1639/2010 CHARANJIT BATRA ...... Petitioner : 'Through: Ms.Kittu Bajaj, Adv. . '-i I i ' tta?-ta? . VCTSUS ' DELHI TRANSPOROT CORPORATION ilespondent . Through: Mrs.Avnish Ahlwawat, Ms.Latika. ' ) Chaudhary, Advocate + w.P.(c) L7zslzOLO - : CHARAN KAMAL ..... Petitioner Through: Ms.Kittu Bajaj, adv. VCTSUS ' DTC ... Respondent ' ' Through: Mr:s.Avnish Ahlwawat, Ms.Latika' r' , , Chaudhary, Advocate . + w.p.(c) 3339/2OrO D.T.C. ..... petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika ,. Chaudhary, Advocate versus . ,l ''i PULAK'MUKHERJI , ( .....Respondent . Through: Mr.Amit Kumar, Adv. . CORAM: HON'BLE MR. JUSTTCE PRADEEP NANDRAJOG i' HON',BLE MR. JUSTTCE MOOL CHAND GARG .) 1.'Whether the Repbrters of local papers may be allowed - ,' .""--":.'-':- to see the judgment? 2. To be referred to Reporter or not? " W.P.(C) No.14027/2009 & Connected Matters , PageS of 27 ' ; '-._'-_' . ri 3. Whether the judgment should be reported in the Digeist? . PRADEEP NANDRAIOG, I. /;. . 1. With the promulgation 'of the Delhi Munitipal' Corporation Act L957 and the Constitution of the Municipal , Corporation of Delhi,'municipal functions in Delhi except NDMC ' . , . ! area and the area falling under the jurisdiction of the Cantonment Board were vested in the Municipal.Corporation of -\ Delhi, whictr included the function of providing public transpo.rt 'l r. ..in the city of Delhi. As a separate winQ of the Corporation, the Delhi Transport Undertaking was constituted with a separate. budget and separate staff. As the city of Delhi gjrew, it was '\ thought advisable to corporatize public transport in Delhi and thus the Delhi Transport Corporation was formed as'a bod! ' corporate and .it took ,over the functioning of the 'Delhi had in pla.ce 'a . Contributory Provident Fund Scheme for its. employ'ees and needless to state each month a fix amount was deducted from ,- . tle salary of the employees and with a matching contribution by the Corporation'was credited in the fund and in the account of the employee, who needless to state was a member of the ' Contributory Provident. Fund. The employees of 'the Corporation agitated for long that the pehsion scheme of the he municipai ' : ';'= 'employees be also extended to them and in'respect of which 'l claim they had petitioned the Supreme Court, when in the year. , Lggz the Corporation gave an assurance'to the Supreme Court , ' that it wtiuld introduce a -pension scheme for its employee6, ' including the retired. employges and. pursuant thereto issued , office order No.L6 dated 27.L1.1992 notifying that a pension i scheme stood notified which would be operated by the Life ; W,P.(C) No.J4O27l2OO9 & Connected Matters ' Page 6of27 \'l Insurance Corporation of India (LlC). The office order reads as under:- ' "No.Ad m-l-5(4)192 'Dated 27.LL.92 Sub : Introduction of Pension Scheme in DTC as applicable.to the Central Govt. Employees. The introduttion of Pension Scheme for the employees of the DTC has been sanctioned by the Central Govt. and conveyed 'by the M.O.SJ. vide letter No.RT- ' L2OL9|2I|88-TAG dated 23.LL.92 as on the saine pattern as for the Central Govt. employees subject to the following, cond itions: - L. The pension scfieme would be operated. by the . LIC on behalf of DTC. '2. The date of effect of Pension Scheme would be 3.8.L981. .. 3. All the existing 6mployees including those retired w.e.f. 3.8.1981 onwards would have the option to opt for the Pension Scheme or the Employees Contributory Provident Fund as at present, within 30 days from the date of issue of this O.O. for the implementation of the . Pension Scheme as approved by the Govt. oi tndia. 4. The P'ension Scheme would the new employees joining DTC date of sanction of the scheme. 5: The PenSion Scheme would be operated by the LIC bn behalf of DTC. The employees share in the EPF Nc of the DTC employees, who opt for Pension ' Scheme would be trahsferred to the LlC, for operating. 6. The €mployees who have retired on or after 3'd August.198L and the existing employees, who have drawn the employer's share, under the EPF Act, ilartly or wholly shall have to refund the same with interest in the event of their opting for the Pension Scheme. ' The 'total. amount to. be refunded by thg retiied. employees/existing emplbyees would be the amount that would have accrued, had they not withdrawn the employer's share. W.P.(C) No.L4O27/2OO9 & Connected Matters PageT of27 be compulsory for all w.e.f. 23.11.92, the \t 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 them before any benefit. under the'Scheme, is'granted to them. 't A 8. A due and drdwn statement would be prepared in respect of retired employees 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 any of the employee of DTC, who does not . exercise any optioh within the prescribed period of 30 days or quit'service or dies without'exercising an option or whose option is incomplete.or conditional or ambiguous.' He shall be deemed to have opted the Pension Scheme Benefits. . Application 'forms for exercisin(1' option would be available with the Unit Qfficers and all employees including retired employees wishing to exercise. option, should do so within the Unit of their present working/where from they retired, within a period df 30 days from the date of issue of this Office order. 'The Unit Officers, after receiving the option from'the' ex-epployees, will take further necessary action'for getting the necessary forms completed, which will be ' supplied to them by the LIC for Pension etc. they will also ensure the recbvery of EPF and Gratuity froir the ,. Ex-employees before forwarding their applications as mentioned above. The cases of all officers will .be. r 99.tt with at Headquarters. The options received from'the'existing emptoyees for not opting Pensioh may be kept in their. Personal file and entry made in their Service Book." 2. A perusal of the schgme shows lhat-as regards the retired employees, they had to specifically opt to be paid pension and had to simultaneously refund to the Corporation, the employers' share received by them as members of the Contributory Provident Fund Scheme together with interest . W.P.(C) No.L402712009 & Connected Matters fage. 8 of 27 a \4 tlt\ t\ l( (vide para 6 of the Scheme). Al regards the existing employees, it was stated vide para 4, that the pension scheme would be compulsory for those who joined service under the Corporbtion with effect from 23.11.1992. and as regards.the existing serving emptoyees, vide 'paia g, it was stated that those who do not submit any option would be deemed to have opted for the pension,scheme. ThV:, it is apparent that as regards the existin! employees of the Corporation who were still in service.when the office order'dated 27j-]-lg92 was promutgated, 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 pension 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 LIC tq r 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 to 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 ' , Transport Corporation. " . The matter pertaining to the introductioniof voluntary . Retirement Scheme for the employees has beeh under ' the consideration of Delhi Transport Corporation. _ Salient Features of the proposed voluntary Retirement Scheme are as under:- : ': l.Applicability: | " _ ( The scheme will be applicable to all regulai employees of 'the corporation i;e.' .workers and W.P.(C) No.t4O27l2OO9 & Connected Matters Page 9 of 27 3. executives who are appointed against regular vacancies in the corporation. 2. Eligibility: An employee must have completed t'en years of service in this corporation or completed 40 years of ' age to qualify for consideration under the Scheme. For this purpose, period of deputation/retention of lien in the parent office in lieu of deputation prior to. absorption in the regular service of the Corporation will be'excluded Conditions covering voluntary retirement. (a) Voluntary retirement will be normally allowed only in cases of incumbents of the posts which have been declared surplus or redundant. , However, voluntary retirement Scheme could also be allowed in other cases depen-ding on : the merits of each case and in the interest of the corporation. (b) Voluntary retirement cannot be claimed by any employee as a matter of right. The corporation will have the right not to grant Voluntary Retirement for. reasons to be recorded in writing. Under no reasons will the ' relief under this scheme be allowed from a ' date earlier than the date of . passing:the orders. (c) An employee in whose case dny disciplinary case is pending will'not be considered under this scheme until the disposal of the same. An employee who'had taken voluntary reti;ement will be eligible to the following refunds/payments:- (a) '. Balance in his PF Account as per rules of provident fund applicable to him. (b) Encashment of refused leave and accumulated earried leave as pdr rules of the corporation applicable to him as if he retires under the normal rules of retirement. J" i-{ 4. W.P.(C) No.L4O27l2OO9 & Connected Matters Page 1:0,of 27 v\ (c) Gratuity as per payment of gratuity act and gratuity Rules of the corporation applicable to him. (d) Three montfr. notice the individual case as per employment. .: pay as is applicable in the terms of him/her (e) An Ex-Gratia payment equivalent to L-U2 month's basic pay plus DA for such completed year of Aervice limiieci to one month pay multiplied by the number of whose month 'of service left before . normal date of retirement. (f) Expenses for travelling for the entitled class for the employee and his/hei 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) Pensionary benefits as per office.order No.16 dt,2.7.LL.92. (Emphasis supplied) All amounts due to the Corporation wilt be adjusted against the payments under (d).& (e) above and the employee concerned should clear any outstanding . dues/advances taken before the date of effect of" voluntary retirement. ) Employees working on the post of Conductor in the Corporation are proposed to be covered under the ' Voluntary Retirement Scheme in the first instance. Such Conductors who are desirous of seeking voluntary retirement in the proposed Scheme may give their option in the prescribed Performa through proper channel within L5 days to be concerned Unit Officer who will fonruard the same to the Secretary, DTC Board. This issue with t.he approval of competent authority." 4. Needless to state, the VRS Scheme clearty notified .i that those who opt for voluntary retirement would be entitled to pension as per the office order No.16 dated 27.L1.ir99t2 (vide para 4(g) of the'VRS Scheme). W.P.(C) No.L4O27/2OO9 & Coniected Matters Page 1l of 27 1, 5. Soon thereafter vide office' memorandum dated 16.3.1993 the VRS Scheme notified on 3.3.199: was made open, for offers to be subrnitted by.all employees of the. Corporation. The officer memorandum dated 16.3.1993 reads bs under:- "Now, it has been decided to cover all the employees of 'the Corporation under the proposed Voluntary Retirement Scheme. Such employees who are desirous of seeking voluntary retirement in the . proposbd scheme may. give their option in the prescribed proforma through proper channel within L5 days to the Concerned Unit Officers, who will forward . the same to the Secretary, DTC Board." 6. When DTC . notified the pension sch,eme .on 27.LL.lgg2, the respondents of W.P.(C) Nos.14027t,z}Og, . '4oLl20LO, .56512010, '598/2010, 754l2oLO, Lg}zl2ot}, . . 227412010 (3 in number) and 39L9l2OL0 specifically opted for . the pension scheme. . The respondents. of . W-P.(C) Nos.423l2010, 756120L0,. 832l2oLO, 752120L0, .793120]0, L384]2OLO, 1386/2010 and 2O5L;2OLO did not submit any options 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.1639 I2OLO and L729|2OIO also did not submit any options and hence Would be deemed to be optees for pension. 8. lt may also be noted that the respondent gf W.P.(C) No.$906/20L0 and the writ pelitioner.of W.P.(C) No:4689/2010 submitted their options expressly stating that they do not opt. 'for the pension scheme, meaning thereby, they indicated positively that they would like to continue to be members of . the Contributory Provident Fund Scheme. t - -'- : . . l 9. On different dates, but all in ihe year 1993 the respondents of all tlr" writ petitions' . except W.P.(C) No.1639/2OLO, W.P.(C) No.172912010 and . W.P.(C) W.P.(C) No.t4O27/2OO9 & Connected Matters Page t2of 27 1y >> No.3339/2010 and the writ petitioner of w.p.(c) No.4689lzoLo submitted offers under the vRS scheme afore-noted and .requested to be relieyed from service. 1 It is thus apparent thai if request for voluntary 10. .J retirement was accepted, the said respondents and the writ petitioner of W.P.(C) No.4689/20i0, would or would not be entitled to pension would depend upon . whether they' or anyone of them had specifically opted to continue under the .contributory Provident Fund scheme. we say so for the . rea'son, pertaining. to the. existing employees, the pension scheme notified on.27.Ll'.Lgg.2 ctearly stated that those who specificqlly opted for the pensiori"scheme and thos'e who submitted no option whatsoever would-be treated ds opting for the pension scheme and only.those who spgcificaily 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 Contributory Prcivident Fund Scherne. 1L. Thus, it is appareht that the.respondent of W.p.(C) No.4906/2010 and the writ petitioner of w.p.(c) N-o.+oeg noto, having exercised a positive option to continue to be.retained as members under the contributory provident Fund scheme, could under no circumstance claim benefit under the pqnsion scheme. /- L2. In the year Lgg4, by and under a notification dated . 5.12.L994, all employees of the corporation except officers, Traffic supervisors, Tls, ms,.Vehicle Examiners and Diivers, . 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.iCt No.t4027l2u9 & Connected Matters page t3 of 27 'llt.is also notified for information of all such employees who opt for VRS that they would not . , be entitled to join pension Scheme 'if they are allowed retirement under VRS. Other salient . featureis of the proposed VRS will remain the same as announced earlier. vide this office circular dated 03.03.1993." (Emphasis added) ' 13. On 23.L2.1994 another circular was issued. extending lhe right.to make offer by' all the employees j pertaining to the VRS Scheme notified 'on 5.T2.1994. ', Thereafter on g.s.rggs, to a specified category of emproyees 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 nbt be entitled.to join the pension scheme. ;. \.,!L . L4. 16. ' . The writ petitioners of W.p.(C) Nos.163gt2OLO and . the pension scheme, having exercised no option at all pursuant to the notification dated 27.Lr.L992, submitted offer to be voluntarily retired on 4.1.1995 and 17.10.1995. 15. To put it in a nut.shell, all employees who aie litigating under the various petitions either as the petitiondr or \ as the respondents, .except.the two petitioners of W.p.(C). Nos.1639l2oLo and-L729120r0, submitted offer letters to be voluntarily retired uhder the VRS scheme notified on 3.3.1993, I which contained the terms of the scheme and as extended from time to time in the year Lgg3. As regards W.P.(C) No.333912OL0, the respondent thereof had retired.on 10.7.1991 i.e. before the notification dated. 27.LI.L992 was,issued and as regards him, vide para 6, if he did not specifically opt forthe pension scheme within 30.." days of the notification dated 2l.LLL}92 he would have got . no benefit under the pension scheme for the reason on his W.P.(C) No.t4O27l2cf,/9 & Connected Matters . . Paget4of2T :. retirement he was paid over the due i.e. the amount to his credit under the Contributory Provident Fund'S_cheme. Had he exercised such an option he wa's obliged to have refunded the f, management's contribution credited to his account under the , Contributory Provident Fund Scheme. L7.. .Thus, we can conveniently segregate the litigating parties in three compartments. Those who exercised option for yoluntary retirement in 1993. Those who exercised option for voluntary retirement in the year 1995. Lasily the . .' respondent of W.P.(C) No.33391.20L0 whose case has to be .-. dealt with de-hors the Voluntary Retirement Schemes. -: . 18: We degl with the grievance of the , Corporation pertaining to W.P.(C) No.3 SZSitZOtO, the respondent whereof has got benefit from the central Administrative Tribunar, where vioe order dated 15.1.20L0 his claim has been ailowed . by holding that he is a deemed optee for pension as per the pension scheme notified on 27.11.1gg2 19.. No discernable reasons are forthcoming from the .:. decision of the Tribunal save and except that the Tribunal has _--t-- --'-- treated his entitlement in terms of clause 9 of tfre pensjon . scheme. dated 27.LL.I992, ignoring ,th.e fact that 'clause 9 applied.to'the serving employees of DTC and in respect of those who had retiied prior to the promulgation _of. the ' notification daied 27.LLjrgg2, were required to exercise a , positive option to be given pensioh with concomitant act of refunciing the ranag"rent's sha.re received by them under . the^Contributory Provident Fund Scheme, vide paia 6 of the notification dated'27.LL.Lggz: Indeed, this has been so held by a Division Bench of this . Court in the decision dated t, 16.3.20b0. in LpA.No.33/1998 DTC Vs. Sh.Baiinath Bhargav &' Ors. which decision has been upheld by the Supreme Court in W.P.(C) No.L4O27/2Cf€ & Connected Matters . pase 15 of27 .( 22. the decision reported as (2001) 6' SCC 61 DTC Retiied Emplqtees Association & Ors. Vs. DTC & Ors. 20. Thus, as regards W.P.(C) ' No.3339I2OLO is concerned, noting that the respondent therein could not be treated as a deemed optee for the pension scheme and having not specifically opted. fof. ihe pension .scheme and having received all dues payable to him when he retired as per the amount lying to his credit.as a member of the Contributory Provident Fund Scheme and obviously he having not opted for the pension scheme and thus not having returned. the management's contribution pertaining to him and as credited in his account as a member of the Contributory Provident Fund icheme, said respondent would have no case at all. ' 2L. T,fus, W.P.(C) No.3339/2010 is allowed. lmpugned judgment ' and order dated 15.1.20L0 allowing' TA No.1209/2009 is set.riO" and TA No.1209/2009 is dismissed. We.take up the tase of the petitioners .of W.P.(C) i Nos.L639 12OLO a'nd L729t2Ol0, who were in service as on 27.LL.Igg2 and did not submit any option under the notification dated 27.LL.Lg;g2 and hence vide ctause 9 thereof would be treated as deemed optees for the p"nrion scheme. 23. As is noted hereinabove, these two respon'dents applied to be. voluntarily retired. by submitting offers 'on 4.1.1995 and 17.1-0-1995 respectively. lt is further to be noted that by then the vdluntary retirement schemes notified earlier had lapsed and. they could seek voluntary retirement as per the scheme notified on 23.12.L994 and g.S.fggS'respective.ly i.e. the VRS Schemes notified prior to the dates 4.1.1995 and 17.10.1995.' As is noted hereinabove'boih schemes under which they