* % IN THE HIGH COURT OF DELHI AT NEW DELHI I u d q me nt aese rved O n :, zid -xnFig) 2 0 I 0 t w.P.(c) tsztzo]:o DELHI TRANSPORT CORPORATION .... PCtitiONCr Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS J.L.DHUPAPR ..... Respondent Through: Mr.Narottam Vyas, Mr.Vikramjeet Sikand, Advs. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE 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.1402712009. -n*s1*? (PRADEEP NANDRAJOG) JUDGE AUGUST 10, 2O1O mm h I JUDGE 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 rf tr :1. % IN TFIE FIIGFI t iotn Auous!. 2070 i- UU"rr.(C) L4027l2OOg DELHI TRANSPORT CORPORATION ..... PCtitiiONCT Through: Mrs.Avnish Ahlwawat, M]s'Latika ChaudharY, Advocate I versus I I .l tvtADHU BHUSHAN ANAND ""' nespjondent Through: Ms.Kittu Bajaj, Adv' I I I 'l w.P.(c) 4AU2ALA II '! DTC " " Petilioner Through: Mrs.Avnish Ahlwaw.at, Ms' Latika Chaudhary, Advocdte i ' versus I I SUDERSHAN LAL SI=IARMA " " Respiondent Through: Ms.Rekha Aggarw.al, Mr'D'S'[(auhtae' Advs. I l. i \J\f.P.(C) s5s/2O1O I ^ "'lj Drc rhroush: Mrs.Avnish Ahlwa*.[:i]fj:t'qi'o- ChaudharY, Advocate I VCTSUS SURESH CHANDERThrough: Mr.S.N.sharma uu.P.(c) 5e.8/2OL0 D ELH I TRANSPORT CORPORATION' Through: Mrs.Avnish Ah Chaudhary, Ad VCTSUS i couRT oF DELI'll AT NEW DE[-l-{ill t. tudoment Reserved On: 29--t! tylv 2'97-0- J I ZILE SINGH Through: w.l).(c) No.L4O27/2009 & connected Matters Mr.N.L.Bareja, ....: Respon , Adv. i It' 'l I I ..... Petitior lwawat, riis vocate i I I I I I ,.... Kespon Adv. i i I edge ..1 A' l, \s -1. w.P.(c) 754|2ALA D.T.C. Through: VCTSUS JAG SH.RAN rhrough: t, ..... Petitioner Ahlwawat, Mb.La'tika Advocate Mrs.Avnish Chaudhary, "1".. \ru"p.(c) L902/2010 D-I-C Through: . VCTSUS SURENDER KUM/\R Through: uu.P"(C) 227 4l20LO VCTSLIS SI-I.GURBACHAN I-At- & ORS. Through: VCTSUS RAJO SAIN I . T!'rrough: Ms.Kittu Bajaj, .... Petition Mrs.Avnish Ahlwawat, ChaudharY, Advocate ..... ResPon Ms.Kit[u Bajaj, AdV. ..... Petitionelr Ah lwawat.' lSJs. Lati ka ..... Respond Mr.i{.L.Bareja, Adv. Ms. Kittu nujuj, I'e ..... Respo Adv. J I Ier Ms I I I I dbi .J- Latika t- n I DF-I-HI TRANSPORT CORPORATION '.... PCtIIIOI Througlr: Mrs.Avnisl't Ahlwawat, Chaudhary, Advocate w.P.(c) 3919/2010 DELH I TRANSPOF.T C.JORPORA'l]ON Throrigh: . Mrs.Avnish Chaudhary, I I ..... Petitioner Ahlwawai, y Advocate i i n'Ls s.Latika.' IL ; Z.of 27 I nder Iir I I oir. r\EJ TJ,LJ adv. '"V. t). (C) No.I4O2.7 !2009 & Co n nected Matters l? & e .l I I I i Respondent 1- w.P" (al 423120L0 DELH I I-RANSPORT CORPORATION ..... Petiti'oner ihrough: Mrs.Avnish Ahlwawat, M's'Latilca ChauclharY, Advocate I VCTSUS SATYA PRAKASH KHURANA Through: Ms.Kittu Bajaj, adv' w.P. (cl 7s6t2o10 DELH I TRANSPORT CORPONNiOT T-hrough: Mrs.AVnish ChaudharY, VCTSUS SOM DUTT Through: Ms.DeePali -F uu"p.(c) 832|2OTO. DELHI TRANSPORT CORPORATION Through; Mrs.Avnish Chaucihary, l: t- ..... Petitioner Ahlwawat, Ms.Latika Advocate i -l I .l I t- ..... Respondent Gupta, Adv. I .: I ,l I ..... Petitionqr Ahlwawat, \/ls.Latika' Advocate I t' versus I I RAM AWAR SHARMA ..... RCSPONQCNT Through: Mr.S.N.Sharma, adv. i i ; P.(c) 75U2aLa I l-|1|TRANSPC,RTCoRPoRATloN......P"titioner t' . Through: Mrs.Avnish Ahlwawat, [vl"s.Latika Chaudhary, Advocate | ' versus I i I I DHUPAPR ..... ResPPndent Througlr: Mr.Narotlam i VYas, M r.Vikramjeet Sikand, 461'5. i SH W. DE J.L. -t-. PTee : of zz .l I. I I I I i W.P.(C) No.L4O27/2009 & Connected Matters IR w.P.(c) 793|2AX"O DEI_H I TRAN SPORT CORPORATION Through: Mrs.Avnish VCTSUS BI-IAGWATI PRASAD Chaud.harY; T'hr"ough: r.384/20LO Ms.Kittu Bajaj, Adv. 'l ..... Petitioner Ahlwawat, Ms.Latika Advocate i I I' I.t. ..... Respondent ..... Petitionei' Mrs.Avnish .Ahlwawat, M;s.Latil<a r'rr J.^v I CltaudharY, Advocate i I' 't I ResponclAnt -t. uu. P. (C) D.T.C. Through: .VCTSUS st-T.RAJENDER SINGH Through: uu.rr"(c) L386/2$10 VCTSUS SI.I.NANU RAI\4 SHARMA Through: vu.p"(a) zosL/201"0 ',,!. l). ( c) irio. 1.4027/20t19 & co n n ected M atters DEI.H I TRANSPORT CORPORATION -fhrough: Mrs.Avnish a' Mr.N.L.Ba reja, Chaudhary, Ad',r. ..... Petitione[ Ahlwawat, Y Advocate I s.Latilca ..... ResPondgnt Mr.N.L.Bareja, Adv. i D-fC ,-l-hror.rgh: Mrs.Avnish Ahlwav'rat, $s.Latika Chaudhary, Advocate i VCTSLIS RANDi-llR SINGH ..... Respond,eirt Througlr: Mr.N.L.Bareja, A.dv' i w.p.(c) 4906/203.{J .l t" I { D E LH I rRAN s Po -1ffi ffi Rl^t^l?I Av n i s h ^# :il:?l"t, -, t*., ChaudharY, Advocite 1 VCTSLI5 i I I I I denL RAMESH CHA[{D jAiN , Respon I Prige 4 oi zl t- w.P.(c) 46Be lzaLo DEBI SINGH Through: w"P.(c) 1639/20xo .HARANJIT BATRA hrough: VCTSUS w.p. (c) T729l201O CI-IARAN KAMAL ThrouEh: versus DTC Through: l 3339/2CI3.O -l-hrough: versuS Ms.DeePali Ms.Kittu Bajaj, VETSUS DELHI TRANSPORT CORPORATION Through: Mrs.Avnish . ClraudharV,. -t. J DEL.H I TRANSPOROT CORPORATION Through: Mrs.Avnish ChaudharY, Ahlwawat, $'s.Latilca Advocate : -t. t .... Petitionei Ms.Kittu Bajaj, adv' .i i I i .I Respondent -t- w"P.(c) D.T. C. Mrs.Avnish Ahlwawat, [ls.Latika Chaudhary, Advo.cate MrS.Avnish Chaudhary, Ahlwawat, Ms.Latika Mr.Anrit Kumar, Adv. 5 of27 Advocate i PULAK MUKHERJI Through: CORAM: ..... Respondent t-roh!'BLE MR. iusrlcE PRADEFP hIANDBAiOq h{oN'BLE MR. JUSTICE MOOt Ch{AND GAR,G I 1.. Whether the Reporters of local papers may be alldwed to see the judgment? 2.. To be referred to Reporter or not? w.tr.(C) No.t4O27 /2009 & Connected Matters "i Page t I Whetfrer the judgnrent should be 'i i reported in the DiPest? :| With the promulgation of the De|hi , Mqr.ricipa| Corporation Act 1,957 ancl the Constitution of the Municipal Corporation of Delhi, municipal tunctions in Delhi except NDMC area and the area fallirrg under the jurisdiction iot the cantorrment Board were vested in the. Municipal Qorporation of llellri, which included the function of providing public trpnsport irr tlre city of Delhi. As^a separate wing of thb corporati:on' the ! Delhi Transport undertaking was constitpted with a separate hrr-rdget anc1 separate staff. As the city of Delhi,grew,i it was tfrought advisable to corporatiz-e public.transport in Dqlhi and tl-rr.rs t_lre Delhi rransport corporation rruas formed as ia body t: corpclrate and it tc,ok over the functioning 'of th? Delhi 'l'ri:nsport Undertaking. The said Corporation had in iplace a contrihutory Proviclent Fund scheme for ilt employees tn9 n,:edless to state each month a fix amount was deductBd from' ll're salary of the emprloyees ancl with a -matching contrihrution. Lry Llre corporation was credited in the fund and'in the account a' Coi.poration agltatecj for long that the pension sclr"t,F of the Gclvernnrent of lndia, which was extended to the rrir-inicipal employees be also extended to them and in respect of whiclr rt, when in the year :.:gg2 the corporation gave an assurance to the supreme court tirat it would introdr-ice a pension scheme for its emi:loye.es, inclr,rding the retired employees and pursLlant tlrereto issued of tlre employee, wlto needless to state \^/as a niernhrq I (,ontribu[ory Provident Fund.' The ernployees j office order No.16 dated 27.JI.I992 notifying that a s;(:heme stood notified which would be'operated bir r of the' of the pension the Life 6 o'F27 W.P.(C) No.L4027 /2009 & Corrnected Matters PaEe t- , .( ./ | t(l f l- I Irrsurance Corporation of India (LlC)' The o urrcler:- "No.Adm-l-5 g)192 l" I rder reads as t I i I 27 .rIi92 I I in DTG as ffice o Dated Sub : lntroduction of Pension Scheme applicable to the Central Govt. Employees' The introduction of Pension scheme for the .employees of the DTC has been sanctioned .by the central -.tttj and conveyed by the M.o.S.T. vide Ietter No,.RT- Lzotgl2rlA-g-rnC dated 23'!!'92 as on thg . tP.T9 .a p;Gh as for the central Govt. employees subject to the fol lowi ng conditjons :- 1. The Pension scheme would be LIC on behalf of DTC. Pension Scheme would' be operated bYl 'l the a 2. The date of e'ffect of 3.8.1981. 3. .All the existing employees including thbse retired w.e.t. 3.8.1981 onwarcls would have the option..to opt for the Pension scheme or the Employees contribqtory provident Fund as at present, within 30 days..froT. t!"'" dilte of issue of this O.O. for the implementation oJf tne pension scheme as approved by the Govt. of Indiai. t.r 4. The pension Scheme would be compulsory filr all rhe new employees joining DTC w.e.f. 23.I7'.92i ihe date of sanction of the scheme. I I 5. The Pension scheme would be operated by the Ltc 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, fof operaling' 6. The employees who have retired on or aftr3r 3',d August 19Bl ancl the existing employee_s- who itrave drawn the employer's share, r]nder'thA EPF Act" $artly or-*notty.shalt frive to refund the same with interest in the errent of their opting fcjr the Pensi.on Scherne' if-.1" toiut: u-o,1nt to be refunbed by the retired ".ptoyues/existing enrployees would be the an\ou,nt thal,would have accrued, had they not withdrawn the employer's share. l W.P.(C) No.1-4027 /2009 & Connected Matters PageT of27 / 2y ':1 (' 7 . Excess amount of gratuity, if alfeady paid tQ:ex- employees and which is not admissible underi. the perjsion Scheme, will have to be'refunde.d. by. them before any benefit under the Scheme, is'grantgd.to them. B. A due ancj drawn statement would be prepiared in respect of retired enrployees opting for Pension scheme and tlre amount to be paid/refunded, vrlould be worked out by the concerned qnit, wherefro4 the employee had retired from service. 9. lf any of the employee of DTC, who doeE not exercise anV option within the prescribed period sf 30 J-Vr or. qu'it service or dies without exercising an opiion or whose option is .incomplete or condition]al ,or \.r|\JLrvrr vr -r-'- '--"-l- -- ambiguous. lte shall be deemed" to have opted the ' Pension Schenre Benefits. /\pplication forms for exercising option. woulcl be available wi'th the Upit Officers and ali emplQyees irrcluding retired employees wishing tg exdrcise option, shoulcl clo so rruithin the Unit of tlreii pl?1eli worlcing/where'frorn they retired, witlrin a period pf 30 clavs from the date of issue of this Office order.' i The unjt officers, after receiving the option fronl the ex-enrployees, will tal<e further necessary actioh for gettirrg the necessary fot'rns compieted, which will be suppliecl to'them by the LIC for Pension etc. 'they will also ensure the recovery of EPF and Gratqity from the Ex-ernployees. before'forwarding their applicatiops as mentioned above. The cases of all officers will be j ^J dealt with at FleadquarLers. {.6ntrilrutory Provident Fund Scheme together witlr Tlre options received from the existing ernployees for ' rrot opting Pension n'tay be kept in their Pet-sonal file and etrtry macle in theiiService Bock." . i i;" ). A perusal of the scheme shows. that as regbrds the retired employees, they hacl to specifically opt to ,ne paiO 6re:nsion arrcl had to simultaneousiy refund to the CorSforation, fhe employers' slrare received by them as n,iembers of tlre l. I interest w.P.{t:) No.1.4027/2009 & Connected Matters i Page zof27 I -) (vide para 6 of the Scheme). As regards tfte existing ernployees, it was Stated Vide para 4, that the pension scheme w6uld be compulsory for those who joined service under the Corporation with effect from 23.IL.Igg2 and as regaids the ,existing serving employees; vide para 9, it was statpd that those who do not submit any option would be deemed to have optecl for the pension scheme.' Thus, it is apparent'that as regards the existing employees of the Corporation wtjo were still in service when the office order dated 27.'!l'I992 was. prornulgated, if they "desired to continue to be the teTbers of the contributory Provident Fund scheme they f "o to specifically say so, for the reason, their silehce wai to be [reatecl as a deemed option to opt.for the pensiorr sche]me and I nr:eclless to state their positive option to opt for the pension I I sc.heme was alwaYs there. i 3. with.out worlcing oul- the modalities with the Llc to vvorl< upon and implement the pension schem.e and lwithout cornpleting the formalities of compiling the data as it0 who : optecl or .who had to be treated as tlre deemed opte6 under tfre pensiorr scheme and who specifically opted to conitinue to kie a member of the Contributory Provident Fund Scherhe,.pbst ha:;te, the Corporation notified a voluntary retirer,nent jscheme on 3.3.1993 contents whereof read as under:- i "Sub:- Voluntary Retirement of Employees of iDelhi Transport CorPoration i .l The rnatter pertaining to the introductiqn of voluintary Retirement Scheme for the employees has been 0nder the consideration of Delhi TransporL Corporation. Salient Features of the proposed vbluntary Retireirnent 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 a ll rdg ula r workersi and i I Page 9 of 27 I I '-6 l.r executives who are appointed against vacancies in the corPoration. 2. EligibilitY: lea,re ru les retires regular and of the u nder i" t' I ; Pa\ge 1'0'of 27 / An employee nrust have completed ten ,yeai= .nl service in itris corporation or completed 40 years of age to qualify for consideration under the Scheme' For this purpose, period of deputationiretenticin of lien in the parent office in lieu of deputation priior to absorption in the regular service.of the corporption will be excluded. 3. Conditions covering voluntary retirement' Voluintary retirement will be normally allowed only in cises of incumbents of the posts vyhich (a) have been declared suirplus or redunpant' However, voluntary retit'ement Scheme could also be allowed in other cases dependin]g on the merits of each case and in the interest of the corPoration i i (b) 'Voiuntary retirement cannot be claim,ep by any employee as a matter of right. i The corporation will have the right not to Qrant Voluntary Retirement for reasons tq' be recorded in vvriting. Under no reasons will the relief under tlris scheme be' allowed frorn a date ear'lier than the date of passing the .t orders. i (c) An entployee in whose case any disciplinary case is pending will not be considered tunder this scheme until the disposal of the samP . i 4. An employee vvho had taken voluntary retirerirent will be etigiUte to the following refunOs/payrrrerjts:- Balance in his PF Account as per rules of (a) prbvident furtd applicable to hint. (b) Encashnrerrt of refused' accumulatecj earned leave es Per corporation applicable to him as if l're the trorrnal rules of retirement. .; \Ai.P.(C) N<t.L4027 /2009 & Connected Matters t. lr d\ Gratuity as per payment of gratuity actiand (c) Gratulty as per payment ol 9IdLUrL! dLLtorl gratuity Rules of the corporation applicable to hj*. (f) Expenses for travelling for the entitled class for it''" "1.1^1ployee and his/her family'comprising .his/her spouse'an-O dependent members from the plaf: 9l his/her posting to the place where he/she intends to month,s basic pay plus DA for such completed iyear of service limited to one month pay multiplied by (e) An Ex-Gratia payment equivalent to I-Il2 the number of whose month of service left bqfore normal datb of retirement. (d) .Three month notice the individual case as Per employment. DTC Boa rd.' This 'issue with the aPProval a uthority. " pay as is aPPlicable in the terms of him/her i rl of compgtent I I I a settle down in India. t. i 't (g) trensionary benefits as per of'fice'oinder n[""rO dt.27.n-1.9t' (Emphasis supplied) i : All amourrts due to the corporation will be adjusted against the payments under (d) & (e) above and the employee concerned should.ciear any outsta{Oinq cjues/advances taken before the 'date of effelct of vol ur ntarY reti rement. I Ernployees working on the post of Conductor ih the Corpoiation are proposed to be covered unclelr the Voluntary Retirement Sclreme in the 'tirst instarice. Such Concluctors who are desirous of seeking voluntary retirement in the proposed Schem.e' rnay give their option in the prescribed Performa thriough proper channel within 15 days to be concerneQ Unit Officer who rrvill forward the same to the Secrdtary, 4. Needless to state, the VRS Scherne clearlyinotified that those who oPt tcl pension as Per (vide para 4(g) of the VRS Scheme)- W.P.(C) No.LaO27/2009 & Connected Matters I 'for voluntary retirement would be ientitled i the office order NJo.16 dated 27.i-l-.l992 Page 3.1 of 27 i'' I I "-0' A j 5. Soon thereafter vide office memorandumi 16.3.1993 the VRS Scheme notified on 3 ollen, for offers to be submitted hry all Corporation. The officer memorandum'dat zr:; r.rtlder:- "Now, it has been decidecj to correr all the emplo[ees of the corporation under the proposed Volu0!ary Retirement Scheme- Such emPloYees who i"are desirous of seelcing voluntary retirement' in i the proposed scheme rnay give their option in i !' I r, ----^-t^ - - -r-^^^^l rnri$hii i'the I res c ri bed p rotb rm a th ro u t h -p ro p e r ch a n n e l.,yft-!-ln ^1: buyr to the cgncerned Unit Officers, who will forward the same to the Secretary, DTC Board"' When DTC notified the pension scheme on .3.1993 wad .i employees i ecl 16.3.1993 .dated made of the , reads I1993 the w,p.tc) W.P.(C) Page L7 of 27 t 6. l- ?"1 .1-'L.Lgg?-, the respondents of W'P.(C) Nos. t402ll 2009;' 4.0:t./7-010, 565t2010,. 598/2010, 75412.010, 19cli2/2010, ?..214.12010 (3 in numb,er) and 3g:-:g12010 specifically opted for [l'rr.: pension schenre, The respbndents of iW'n'tCl l\cr:;.423 l2O1-0, 7561?010, 832120L0,. 752:2OJ]O, 7 g;PlzOI}, 1 3il4/2010, 1386/2t)10 and 2as:-poto clicl not subfiit any. cptions and hence were to be treated as deemed opfees for' plerrsion ' ' i '7 . lt may hre noted'that the writ petitioners ofiVi/.P.(c) Nos. L63912010 and 1.729 120'J.0 also did not submit anyloptions aild hence would be cleernerJ to be optees for pensiorr. I B. ll may also be noted that the respondeni otiW'P-(C) l\1o.4906 120L0 and the writ petitioner of W.P,(C) wo.+6b9 l20lr} .sr-rbrnitted their options expressly stating th.at they dci not opt I'or the pension scheme, me?ning thereby, they indicated i frcsitively that they woulcl lilce to continue to be merl'rbers of tlre Contributory Provident Furnd Scheme. I 9. On different dates, but all. in the year responclents of ali the writ p,etitions except No.1.639 p.A7.A, t'V.P.(C) No.1729 20!0 anci W.P,(C) Na.1.4027 /2009 & Connected N4atters al i t) 10. 11. Nlo.3 33912010 and the writ petitioner of w.P.(c) No.46Bi9/2010 sr-rbnritted offers under the VRS Scheme afore-noted and requested to be relieved from service' It is thus apparent that if request for volluntary rel-irement was atcepted, the said reSpondents and tfre writ petitioner of w.P.(c) No.4689 l201o, would or .would inot be errtitled to pension would depend upon whether thpy or anvone of them had specifically opted to continue unUer the Contributory Provident Fund Scheme. We say so iot the reason, pertaining to the existing employees, the fi'ension sclreme irotifiecl on 27.LI;rgg2 clearly stated that thoise who specifically opted for the pension scheme and tho?g who strbmitted no option whaLsoever would be treated as oflting for t6e pension scheme and only those who specifically oipied to continue to be members of the contributory Provident Fund Scheme would not be treated as optees'under the pension sc-lreme ancl would continue to be retained as memberb of the Corrtriburtory Provident Fund Scheme i Thus, it is apparent that the respondent otiW'P.(C) Ncr"zl.906 I2OIO and the writ petitioner of W.P.(C) No'4689 120l-0, Iraving exercised'a positive option to continue to be rletained as trlembers under the Contributory Provident Fund Sclreme, courld under no circumstance claim benefit under the lpension sc frem e. 7.2 a ln the year L994, by and under a notification dated 5.I2.Igg4., all employees of the Corporation e,x'cept pfficers, .t Traf-l=ic 5upervisors, Tls, ATls, Vehicle Examiners and 1Oriv"lt, were given another chance to opt for Voluntary Retirelrnent by . sgbmitting letters of offer. The scheme notified stateCi tfrat att l-erms as per the VRS Schem'e dated 3.3.1993 would apply. ! But, the said notification expressly stipulated the. fbllowing conclition:- W.tr.(C) No.I4O2712009 & Connected Matters i Page 13 of 27 .q-r 'i ,,[t is also n6tufieU f,or lnfonrmation of a6 $uctr employees who opt for vR,s that they ,wotrldi nelt v.rrlsrvt sYE be "en{itled to join Pension Scl'lerne if "t['leyi are allowed retirernent unden VR,$" Other sqlient features of the proposed VRS will remain the san.!e as announced earlier vide this office circular d;ated 03.03.1993." (Emphasis added) On 23.I2.L994 another circular was issued t I :1. :r 5. extencling the right to make offer by all the emirioyees perLaining to the VRS Scfreme notified on ,5.1?'1-994.' T'lrereafter on 8.5.1995, to a specified category of employee: stipr-rlatecj in the scheme were given the option toisubmit ot.lers under the Voluntary Retirement scheme. But thpre was I alt express condition therein that these employees wQuld not hrr: entitled to join the pension scheme. 14. The writ petitic.rners of W.P.(C) Nos.1639/2q10 and 'l.l29;ZO]10, wlro were tleemed optees under the 'pension - :;cherne, having exercisecl no option 'at all pursUantl to. the -l J. rrotil=ication rCate d 27.11.1992, s.ubmitted-offer to- be volluntaiily rertired orr 4.1.1995 and 1.7.10.1995. i -l-o put it in a nut-shell, all employees virfro are a lit.igating under the various petitions either as the petitioner or '; as l-he respondents, except the two petitioners of I.W.P.(C) Ncrs.1639/2010 and I7zgf2A]rA, submitted offer letter:s to be ! volurntarily retired under the VRS Scheme notified on 3i:.f g.g:, I wlriclr contained the ternrs of the scheme and as ei<terrded f'rom time to time iri ihe year 1993. 1.6, As regards W.P.(C) No.3339120l-0, the respondent thereof had re[ired on 70.7.1991 i.e. before the not'ification c.latecf 2-7.7-7..1992 was issued and as regards him, videi para 6, il'he dicl not specifically opt for the pension scheme within 30 c]avs oF Lhe notificatiort datecl 27.11.1992 he would have got 'l rlo benefit under the pensit:n scheme .for the reason on his ?age 14 of 27 W.P.(C) No.1,402712009 & Conneited N4atters I L .8 .ra( (\ retirement he was paid over the dud i'e. the amourit to his cr-edit under the contr:i.butory Provident Fund Scheme' i Had he exercised such an option he was obligqd.to have refurided the rnanagement's contribution credited to his account under the Contributory Provident Fund Scheme' i l.l.Thus,wecalrconvenientlysegregatethel'itigating parties in three .compaftments. Those who exercised option j'or voluntary retirement in 1993. Those who exerciseid option lor- voluntary retirement in the year 1995 l-aStly the respondent of w.P.(C) No.3339 l2}lo whose case r.'+t to be clealt with de-hors,the Voluntary Retirement Schemes' l-8. We deal with the grievance of'. the Cor;poration pertainin'g t.o w.P.(C) No.3339 l2Ol]O, the respondentiwhereof lrers got benefit from.the Central Administrative l-fribunat, wlrere vide order dated 15.1..2010'his. claim has beerj allowed by holding that he is a deemed optee for pension'as per the pension scheme notifierJ on 2-/'11'1992 i lg.Nodiscer.nablereasonsareforthcomingfromthe clecision of the Tribunal save and except that the Tripunal has , treated his entitlement in terms of clause I of thg pension sclreme dated 27,71..1992, ignoring the fact. that iclause q appliecl to the serving employees oF OtC and ih rpspect of t-hose who had retired prior to the promulgation of the . notification dated 27.Ll.lgg2, were required to eSercise a positive option to be given pension with concomitain! act of . refr-rnding the management's share rec'eived by them under' tlre Contributory, Provident Fund Scheme, vide para' 6 of the. notification clated 27.11..1992. Indeed,.this has beel to lteld kly a Division Bench of this Court in the decisibn dated 16.3.2000 in LPA No.33/19 98 DTC Vs. Sh.Baiinath 4haraav &' Ors. which decision has..been upheld by the SupremP Court in w.P.(C) No.I4O27 /2009 & Connected Matters 1 Fage L5 of 27 fr t.l-rr: decision reported as (2001) 6 SCC 61 Et'nplovees Association & Ors. Vs' DTC & Ors' 20. Thus, as regarcls W.P.(C) No.3339 PAJj is concerned, noting that the respondent therein could inot be " Lr-eated as a deemed optee tor the pension scheme andihaving '. .! nr:t specifically opted for the