+ % IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(c) se8/2o1o DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS zlLE 'INGH rhrough: ' Mr.N.L.Bareja, ll;l"toondent 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? 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest? PRADiEP NANDRAIOG. I. For orders, see W.P.(C) No.1402712009. \t "L Y -frT (PRADEEP NAN'DnnJOC) IUDGE (MOOL AND JUDGE AUGUST LO, mm 20r.o fqk /r S,L rvD .?S tf tt ?t\ qVqT lr, klo V7 &l ^dw t.r (tc(L udqment Reserv dqment Delivered f,ry 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 * % + IT{ THE I-ItrGH COURT OF DELHI AT NEW DEI-HI ludoment Reserved On: 29th lullt 2070 tudqment Delivered On: 70th Auqust. 2070 w.P..(c) L4027l2o$9 DELHI TRANSPORT CORPORATION .'.. PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate VCTSUS + MADHU BHUSHAN ANAND Through: + W.P.(c) 40L/201"0 DTC ZILE SINGH Through: W.P.(C) No.MOztiz0og & Connected Matters ..... Respondent Ms.Kittu Bajaj, Adv. ,.... Petitioner Ms. Latika ..... Petitioner Mrs.Avnish Ahlwawat, Ms.'Latika Chaudhary, Advocate M r, s. N . sh a rr u,'oollt oo n d e nt M r. N.L. Bareja, Al;ottoondent Page 1, of 27 Through: Mrs.AvnishAhlwawat, ChaudharY, Advocate VCTSUS . SUDERSHAN LAL SHARMA Through: Ms.Rekha Aggarwal, Advs. ..:.. Respondent Mr.D.S.Kauntae, w.P.(c) s65/2OL0 DTC Through: VCTSUS SURESH CHANDER Through: w.P.(c) 598/2OXO DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Cha'udhary, Advocate versus + -f w.P. (c) 7s4/20L0 D.T.C. M rs Avnisn nr.'iiuu'i3llt' ir?llru o, Chaudhary, Advocate Through: VCTSUS JAG SHORAN Through: Ms. Kittu. Bajaj,';iL"toondent J- w.P.(c) Le02 I?OLO DTC , Through: versus SURENDER KUMT\R Through: .... Petitioner Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate ..... .ResPondent Ms.Kittu Bajaj, Adv. RAIO SAINI Tlirough: t 1 /.P. (C' 2274l201O DF-LHI TRANSPORT CORPORATION ....' PCtitiONCT Thi'ough: Mrs,Avnisit Ahlwawat, Iv1s.Latika ChaudharY, Advocate VCTSLIS SH.GURBACHAN l-At.. & ORS. '." RespondertLs Tlrrough: Mr.irl.L.Bareja, Adv. I' w. F.(c) 39L9/20L0 DELH I TRAI{SPORT CORPORATI ON Through: Mrs.Avnish Clra udha rv, VCTSUS ..... Petitioner Ahlwawat, Ms,Latika Advocate Ms. Kitlr-r guiul, Respondent W.P.(C) No.1402.7 /2009 & Connected Matters Page 2 of 27 + w.P.{c) 423/20L0 . D E LH I rRAN s P" -if:ffi 3 -^til?Inun i, t' Chaudhary, VCTSUS SAryA PRAKASH I<HURANA Through: Ms.Kittu Bajaj, 'w. P. (cl 756120L0 DELH I TBANSPOR,T CORPORATION Through: Mrs.Avnish Chaudhary, VETSUS SOM DUTT Through: Ms.DeePali w.P. {cl 832|2OLO DELH I ]'RANSPORT CORPORATION Through: Mrs.Avnish , Chaucihary, ..... Petitioner Ahlwawat, Ms.Latika Advocate ..... Respondent adv. ..,.. Petitioner Ahlwawat,. Ms,Latika Advocate ..... Respondent Gupta, Adv. + ..... Petitioner Ahlwawat, lvls.Latika Advocate VETSUS SH RAM AWAR SHARMA Througlr: ..... ResPondetrt Mr.S.N.Sharma, adv. , -f W.P. (c) 75212010 DELH I TRAN SPORT CORPORATION Through: Mrs.Avnish Chaudhary, VCTSUS J.L.DHUPAPR Th rouglr: tvlr. N a rotta m Mr.Vikramjeet Silcand, Advs. ..... Petitioner AhlwawaL, Ms,Latika Advocate ..... Respondent Vyas, W.P.(C) No.t40?-7/2009 & Connected Matters Page 3 of 27 l- w.P. (c) 793t2OLO DELH I TRANsPORT CORPORATION Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate . VCTSUS BHAGWATI PRASAD ..... Respondent Through: Ms.Kittu Bajaj, Adv. + w.P.(c) L384l2OL0 D.T.C. VCTSUS W. P. ( C) No.1.rl$27 / 2009 8.r Co ti n ected IVI atte rs ..... Petitioner' Through:. Mrs.Avnish Ahlwawat, Ms.Latika Cltaudhary, Advocate , VETSUS SH.RAJENDER SINGH ..... Respondent T'hrough: Mr.N.L.Bareja, Ad''r. w.P.(ci L386/2O!.O orLHt 'rRANSPctir coRPoRATioN .... Petitioner Throuoh:' Mrs.Avnish Alrlwawat, Ms.Latika Chaudhary, Advocate SFI.NANU RAN4 SHARMA ...'. Respondent Through: Mr.N.l-.Bareja,Adv. w.P.(c) 2053"/2O3.Cf DTC 1-h roug h: , VCTSLIS . RANDHIR SINGH Through: w" P. (c) 4906/20L0 DELHI TRANSPORT CORPORATION . Through: Mrs.Avnish Ahlwawat, Ms.Latika versuS Chaudhary, Advocate RAMESH CHAI{D jAiN .... ResponQent -l-hrough: Mr.N.L..Bare;a, Adv. .... Petitioner Mrs.Avnish Ahiwawat, Ms.Latika ChaudhaDr, Advocate ..... ResPondettt Ivlr. N. L. Bareja, A.dv, Page 4 of 27 + w.P.(c) 4689 lzOLA DEBI SINGH . Through: VCTSUS DELH I TRANSPORT CORPORATION ..... Respondent , Through: Mrs.Avnish Ahlwawat, Ms,Latika ' Clraudhary, Advocate w.P.(c) L639/20L0 CHARANJIT BATRA ....' Petitioner Through: Ms.Kittu Bajaj, Adv. . VCTSUS DELH I TRANSPOROT CORPORATION ..... Respondent Thiough: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate + w.F.n L7zslzaro CHARAN KAMAL Through: VETSUS' DTC ..... Petitioner Ms.Deepali Gupta, Adv. Ms. Kittu ga;aj','?etitioner r: + + ..... Respondent Through: Mrs,Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate w.P.(c) 3339 l?O1-A D.T.C. ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms'Latika Chai;dhary, Advocate , VCTSUS PULAK MUKHERjI ..... ResPondent Through: Mr.Anrit Kumar, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR..IUSTICE MOOL CHAI{D GARG 1. Whether'the Reporters of local papers may be allclweci to see the judgment? '2. To be referred to Reporter or not? W.P.(C) No.L402712009 & Connected Matter.s Page 5 of 27 @ 3. Whether the judgment should be reported in the Digest? PRADEEP NAT{DRAIOG, I. 1.. With the promulgation of the Delhi Municipal Corporation Act 1-957 artd the Constitution of the Municipal Corporation of Delhi, m'unicipal tunctions in Delhi except NDMC area a'nd the area fallirrg under the jurisdiction of the Cantonment Board were vested in the Municipal Corporation of Delhi, which included the function of providing public transport in the city of Delhi. As a separate wing of the Corporation, the Delhi Transport Undertaking was constituted with a separate budget and separate staf-f. As the city of Delhi grew, it was thought advisable to corporalize public transport in Delhi arrd thi,rs the Dellri Transpcrt Corporation uras formed as a body corporate and it took over ihe functioning of the Delhi -l-ransport, Undertaking. The said Corporation' had in place a Contributory Proviclent'Fund Scheme for its employees and nee'Jless to state'each tnonth a fix amoUnt was deducted from tl-re saldry of the emprloyees and with a matching contributicln hry the Corpclration was creclited in the funcl anc! in the accttunt of the employee, wlto needless to state was a riiember o'f the Contributory Provirlent Fund. The enrployees of . the Corporation agltatecj ior long that the pension schefTre of the Governnnent of lndia, which was exterrded to lhe municipal enrployees be also extended tr: them and in respect of urhic[ claim they had petitioned the Supreme Court, when in the Year lgg2 the Corporation gave an assurance to the Supreme Court that it would introdurce a pension scheme for its employees, including the retired employees and pursLlant tlrereto issued office order'No.16 dated ?-7.17.lrgg2 notifying that a pension scheme stood notified which would be operated by the L-ife W.P.(C) No.I4O27/2009 & Cortnected Matters Page 6 o'f 27 (- Insurance Corporation of lndia (LlC). The office order reads as under:- "No.Adm-l-5 (4)192 Dated 27.11.92 Sub :lntroduction of Pension Scheme in DTC as applicable to the Central Govt. Employees. The introduction of Pension Scheme for the employees of the DTC has been sanctioned by the Central Govt. and conveyed by the M.O.S.T, vide letter No.RT- L2}I?12UBB-TAG dated 23.17.92 as on the same pattern as for the Central Govt. employees subject to the following conditions:- 1. The pension scheme would be operated by the LIC on behalf of DTC. 2. The date of eFfect of Pension Scheme would be 3.8.1981. 3.. All the existing employees including those retired w.e.f. 3.8,1981 onwards would have the option to opt for the Pension Scheme or the Employees Conti'ibutor5z 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. of India. 4. The Pension Scheme would be compulsory for all the new employees joining DTC w.e.f. 23.IL92, the date of sanction of the scheme 5. The Pension Scheme would be operated by the LIC on behalf of DTC. The employees share in the EPF Alc of the DTC employees, who opt for Pension Scheme would'be transferred to the LlC, for operating' 6. The employees who have retired on or after 3'd August 1981 and the existing employees, who have drawn the employer's share, under the EPF Act, partly or wholly shall have to refund the same with interest in the errent of their opting for the Pension Scheme. .fhe total amount to be refunded by the retired employees/existing employees would be the amount that would have accrued, had they not withdrawn the employer's share. W.P.(C) No.I4O27/2009 8r Contrected Matters PageT of27 7. Excess amount of gratuity, if already paid to ex- employees and which is not admissible under the Pension Scheme, will have to be refunded by them before any benefit under the Scheme, is granted to them. B. A due ancj.drewn statement would be prepared i'n respect of retired enrployees opting for Pension Scheme and tlre 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 ernployee of DTC, who does not exercise any option withirr the prescribed period of 30 days or quit service or dies without exercising an option or whose option is incomplete or conditional or ambiguous. Fle shail be deemed to have opted the Pension Scheme Benefits Application fo,rms for exercising option would be available wi'th' the Unit officers. and ali errrployees inclucjiirg retired employees wishing to exercise option, should do sc vrrithin the Unit of tlreir present working/where 1-rorn theV.retired, witlrin a period clf 30 clays from the date of issue of this Office order' The Unit Officers, after receiving the option fronr the ex-employees, will take further necessary action for gettirrg the necessary folms comple'ied, which will be iupplied to thern by tlre LIC for Pension etc. they will also ensure the re(:overy of EPF and. GratUity from the . Ex-ernployees,before forwarding their applications as ' mentione-d abrcve. The cases of all officers will be . deait with at i-leacltluarters. The options received from the existing ernployees for not opting Pension may be kept in their Pet'sonal file , and entry macle in their Service Bock"' ' 2. A perusal of the scheme shows that as regards the retired employees, they hacl to specifically opt to be paid pension arrcl had to simultaneously the employers' slrare received bY refund to tlre Corporation, them as members cf tlre C,ontributory Provident F.und Schenie togetherwitfl interest W. P.{C) Nc.14027 i2009 & Conncr:tecl Matters Page 8 of 27 C (vide para 6 of the Scheme). As regards tlre existing employees, it was stated vide para 4, that the pension scheme would be compulsory for those who joined service under the Corporation with effect from 23.lrJ,lrgg} and as regards the existing serving employees, vide para 9, it was stated that those who c1o not submit any option would be deemed to have opted for the pension scheme.' Thus, it is apparent. that as regards the existing employees of the Corporation who were still in service when the office order dated 21 .!I.I992 was promulgated, if they desired to continue to be the members of the Contributory Provident Fund Scheme they had to specifically say so, for the reason, their silence waS to be treated as a deemed option to opt for the 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 Llc to work upon and implement the pension scheme and without completing the formalities of compiling the data as to who opted or who had to be treated as the deemed optee under the pension scheme and who specifically opted to coniinue tcl be a member of the Contributory Provident Fund Scheme, post haste, the Corporation notified a voluntary retirement scheme o.n 3.3.1993 contents whereof read as under:- "Sub:- Voluntary Retirement of Employees of Delhi Tra nsPort CorPoration. The rnatter pertaining to the iptroduction of voluntary Retirement Scheme for the employees has been under the consideration of Delhi Transport Corporation. Salient Features bf the proposed voluntary Retirement Scheme are as under:- 1. ApplicabilitY: The scheme .'will etnployees df the be applicable to . all regular corporation i.e. workers and W.P.(C) No.1.4027/2009 & Connected Matters Page 9 of 27 executives who a re a ppointed aga inst reg u la r vacancies in the corporation. 2. Eligibility: An emplo5ree nrust have completed ten 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. 3. Conditions covering voluntary retirement. Volurntary retirement will be normal!y 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 depending on the mi-'rits of each case and in the interest of the corporation. Voiuntary retirement cannot be claimed by any employee as a matter of right. The corpor,ation will have the right not to grant Voluntary Retirement for reasons to be recorded in writing. Under no reasons will the relief under tlris scheme be allowed frorn a date earlier than the date of passing the orders. An entployee in whose case any disciplinary case is pending will not be considered under this scherne until the disposal of the same. 4. An employee vufrc had take;r voluntary retirenrent wili be eligible to the following refunds/payments:- Balance in his PF Accourrt as per rules cf (a) (b) (c) (a) prr:vident furrd applicable to hint. (b) Encas'hnlent of refused accLrmulatecj earned ieave as Per corporation ap'plicable to him as if he tlre norrnal ruies of retirentent' leave and rules of the retires under \A/.P.(C) No.1,4027/2009 & Connecied Matters Page 1O of 27 (c) Gratuity as per payment of gratuity act and gratuity Rules of the corporation applicable to him. (d) Three month notice pay as is applicable in the individual case as per the terms of him/her em ployment. An Ex-Gratia payment equivalent to I-Il2 (e) C month's basic pay plus DA for such completed year of service limited to one month pay multiplied by the number of whose month of service left before norfflal date of retiretnent. (f) Expenses for travelling for the entitled class for the employee and his/her family comprising his/her spouse and dependent members from the place of his/her posting to the place where he/she intends to settle down in lndia. (g) 'Fensionary benefits as per office order Irf o.J.6 dt.27.1,L.92. (Emphasis supplied) All amourrts due to the Corporation will be adjusted against the payrnents under (d) & (e) above and the employee concerned should clear any outstanding clures/advances taken before the date of effect of voluntary retirement. Ernployees working on the post of Conductor in the Corporation are proposed to be coverecJ under the Voluntary Retirement Scheme in the first instartce. Such Concluctors who are desirous of seelcing voluntary retirement in the proposed Scheme lnay give their opiion in the prescribed Performa tlrrottgh proper channe! within 15 da5r5 to be concerned Unit Officer who will forward the same to the Secretary, DTC Boa rd. This issue with the approval of competent . authoritY."' 4. Needless to state, the VRS Schelne clearly notified that those who opt,for. voluntary retirement would'be entitled to pension as per the office order No.16 dated 21 .II'7.992 (vide para a(g) of the VRS Scheme). Page IL of 27 W.P.(C) No.I4O27 /2009 & Connected Matters 5. Soon thei'eafter vide office memorandum dated 1.6.3.1993 the VRS' Scheme notified on 3.3.1993 was made open, for offers to be submitted by al! employees of 'the Corporation. The officer memorandum dated 16.3.1993 reads as 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 proposed scheme rnay give their option in the prescribed proforma through proper channel within 15 days to the concerned Unit Officers, who will forward the same to the Secretary, DTC Board." 6. \A/hen DTC notified the pension scheme. on 27 .Il.!99?-, the respondents of W.P.(C) Nos.14027 2009 ' 40U20iA, 565!20IA, 598/201.0, 75412070, 19Cl2/2b10, 227412010 (3 in number) and 397912010 specifically opted for the pension scherrre. The respondents of W.P.(C) Nos.423 1207.A, . 7561?01a, 83212010, 752120l-0, 793120l-0, 738412010, 1386/201.0 and 2A57,20l-0 did not submit any cptions and hence.were to be treated as deenned optees for pensio n. 7. lt may be noted,that the Writ petitioners of \l/'P.(C) Nos.163912010 and -1.729120]-0 also did not submit anv options and lrence would be deemed Lo lce optees for pensiorr. B. lt may also be noted that the respondeni r:f w.P,(c) No.4906 120L0 and the writ petitioner of W.P.(C) No.46B9 l2}:r0 submitted their options expressly stating that they cic not opt for the pettsion Scheme, meaning thereby, they indicated positively that they woulc'l lil<e io continue to be mernbers of the Contriburory Provident Fund Scheme' g. on different dates, but all in the year 1993 the respondents of all the writ petitions except W.P.(C) No.1639 DA7.A, W.P.(C) No.1729 20t0 and w.P (c) \ /.P.(C) No.14027/2009 & Connected N4atters Page L2 of 27 No.333912010 and the writ petitioner of W.P.(C) No.46B9l20I0 submitted offers under the VRS Scheme afore-noted and requested to be relieved from service. 10. lt is thus apparent that if request for voluntary retirement was accepted, the said respondents and the writ petitioner of W.P.(C) No.468912010, 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 sb for the reason, pertaining to the existing employees, the pension scheme notified on 27.11.1992 clearly stated that those who specifically opted for the pension scheme and those who submitted no option whatsoever would be treated as opting for the pension scheme apd only those who specifically opted to continue to be members of the Contributory Provident Fund Scheme would not be treated as optees under the pensi.on scheme and would continue to be retained as members of the Contributory Provident Fund Scheme 11. Thus, it is apparent that the respondent of W.P.(C) No.4906 120]-0 and the writ petitioner of W.P.(C) No.4689l20IA, having exercised a positive option to continue to be retained as lnembers under the Contributory Provident Fund Sclteme, could under no circumstance claim benefit under the pension scheme 72. ln the year lgg4, by and under a notification dated '5.I2.1994, all employees of the Corporation except Officers, Traffic SupervisorS, Tls, ATls, Vehicle Examiners and Drivers, were given another chance to opt for Voluntarli Retirement by submitting letters of 'offer. The scheme notified stateci that all terms as per the VRS Scheme dated 3.3.199i would apply. But,. the said notification expressly stipulated the following condition:- W.P.(C),No.14027 /2009 & Connected Matters Page 13 of 27 ? "lt is also notified for information of all such ernployees who opt for VRS that they.wot^tld not be entitled to join Pension Scherne if they are allowed retinernent under VRS. Other salient features of the proposed VRS will remain the same as announced earlier vide this office circular dated 03.03.1993." (Emphasis added) 13. On 23.I2.1994 another circular was issued extending the right to make offer by all the employees pertaining to the VRS Scheme notified on 5.L2.L994. Thereafter on 8.5.1995, to a specified category of employees stipurlated in the scheme were qiven the option to submit offers under the Volunt-ry Retirement Scheme. But there was an express condition therein that these employees would not be entitled io join the pension scheme. L4. The writ petitic,rners of W.P.(C) Nos.763912010 and 772912010, wlro r,tlere deemed optees under the pension s;cherle, having exerc'ised no option at all pursuant to tlre notification dated 27.11.1992, submitted offer to be volttnLarily retired on 4.1.1995 and 17.10.1995. 15. -fo put it in a nut-shell, all employees who are litigating under the various petitions either as the petitioner or as the respondents, except the two petitioners of W.P.(C) Nos.1639i2010 and 1.779[2A70, submitted offer letters to be voluntarily retired under the VRS Scheme nr:tified on 3.3.1993, ., which contained the ternrs of the scheme and as exterrded from time to'time in the year 1993. 16. As regards W.P.iC) No.3339120L0, the respondent thereof had retired on I0.7.1991 i.e. before ihe notification ciatecl 27..7.1..1992 was issued and as regards him, vide para 6, if he did not specificallV opt for the pension scheme within 30 days of the notification datecJ 27.7I.1992 he uiould have got no benefit under the pensicn scheme for- the reason on his W.P.(C) No.L4027i2009 & Connected N4atters ?age 1"4 of 27 retirement he was paid over the due i.e. the amount to his credit under the Contributory Provident Fund Scheme. Had he exercised such an option he was obliged to have refunded. the management'S Contribution credited to his account under the Contributory Provident Fund Scheme. Thus, we can conveniently segregate the litigating parties in three cornpaftments. Those who exercised option for voluntary retirement in 1993. Those who exercised option for voluntary retirement in the year. 1"995. Lastly the respondent of W.P.(C) No.3339 l2OlO whose case has to be dealt with de-hors the Voluntary Retirement Schemes. We deal with the grievance of the Cgrporation 17. 1_8. 19. pertaining to W.P.(C) No.3339 20L0, the respondent wherecrf has got benefit from the Central Administrative Tribunal, where vide order dated 15.1..2010 his claim has been allowed by holding that he is a deemed optee for pension as per the oension scheme notified on 27 .II.1992' No discernable reasons are forthcoming from the decision of the Tribunal save and except that the Tribunal has treated his entitlement in terms of clause 9 of the pension scheme datecj 27'.11.1992, ignoring the fact that clause 9 applied to the serving employees of DTC and in respect of those who hacl retired prior to the proTulgation of the notification dated '21 .ILI992, were required to 'exercise a positive option to be given pension with concomitant act of refunding the management's share received by them under the Contributory Provident Fund Scheme, vide para 6 of the notifiCation clated 27.11..1992. Incleed, this has been so held by a Division Bench of this Court in the decision cjated 16.3.2000 in LPA No.33/1998 EIS-yt-Sb.8-al!-alh-Phptg-av-e Ors. which decision has been upheld by the Supreme Court i'n W.P.(C) No.1"4C27/2009 & Connected Matters Page 15 of 27 the decision reported as (2001) 6 SCC O1 DTC Retired Emptovees Association & Ors. Vs. DTC & Ors. 20. Thus, as regards W.P.(C) No.333 912070 is concerned, noting that the respondent therein could not be tr"eated as a deenred optee For the pension scheme and having not specifically opted for the pension scheme and having received all dues payable to him when he retired as per the amount lyirrg 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 Corrtributory Provident Fund Scherne, sai,J respondent wouid have no case at all. 2l-. Thus, W.P.(C) No.333912010 is allowed. lmpugned judgment and orcier dated 15.1.2010 allowing TA No.120912009 is set aside and TA No.120912009 is dismissed. 22. We take up the case of the petitioners of W.P,(C) Nos.7639120L0 and 7729120l-0, who were in service as on 2'7.71.I9g2 and did not submit any option under the notification dated:21.1.1.1992 and hence vide clause 9:thereof would be treated as deemed optees for the pension scheme 23. As is noted hereinabove, these two respondents applied to be voluntarily retired by submitting offers on 4.1.1995 and 17.1-0.1995 respectively. lt is further to be noted that by then the vcluntary retirenrent schemes notified earlier had lapsed and they could seek voluntary retirernent as per the scheme notified on 23.I2.1994 and 8.5.1995 respectively i.e. the VRS Schemes ncltified prior to the dates 4.1.\995 and I'7.I0.1995. As is noteci irereinabove both schemes under which the\, apptied s;:ecifica!ly' excluded entitlement "tor pension inasmuch as. Lhe tvvo schennes clearly stated i.hat employees opting for voluntarV retirement under the two W.P.(C) NoJ"aQ?-7/2009 & ConnecteC Maiters Page L6 of 27 schemes would not be entitled to pension; and