\\ {< % IN THE HIGH COURT OF DELHI AT NEW DELHI ludqment Reserved On: .zgy-t,'J.d.," 2070 Iudqment Delivered On: 70th Auoist. 2070 w.P.(c) 227L|ZOLO DELH I TRAN SPORT CORPORATION ...., Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VETSUS SH.GURBACHAN LAL & ORS. ..... Respondents Through: Mr.N.L.Bareja,Adv. 14 CORAM: h HoN'BLE MR. JusrtcE 'RADEE' NANDRAJ'G 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.l'402712009. ^ea.'"i t\ ( (PRADEEP NANDRAJOG) JUDGE AUGUST LO, 2OLO mm rf HAN 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 \Y * INI THE H!GI{ COURT OF DELHI AT NEW DELI'II % ludoment Reserved On: 29th tullr. 2070 '" ludqment Delivered On: 70th Auaust. 2070 w:P.(c) L4027lzgos DELHI TRANSPORT CORPORATION ...... PctitiONCT hrough: Mrs.Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate VCTSUS ...,. Respondent '' MADHU BHUSHANaliit?: Ms'Kittu Bajaj, Adv' I ... k= + W.P.(C) 4OL/2O1O DTC "" Petitioner Through: Mrs'Avnish Ahlwawat, Ms' Latika ChaudharY, Advocate versus SUDERSHAN LAL SHARMA "' Respondent Through: Ms'Rekha Aggarwal,' Mr'D'S'Kauntae, Advs. + W.P.(c) 56sl2oLo DTC "" Petitioner r lrrouoh' x;:fl"ili??,ily#?:'" Latika i1, ersus SURESH CHANDER ""' Respondent Throuqh: Mr.S.N.Sharma,Adv. + w.P'(c) 598/20L0 DELHI TRANSPORT.CORPORATION '', PctitiONCT , Through: Mrs.Avnish Ahlwawat, Ms.Latika' Chaudhary, Advocg.te VCTSUS ZILE SINGH ...'. ResPondent Through: Mr.N.L.Ba;eja,Adv. Page 7 of 27 W..P,(C) No.t4O27/2009 & Connected Matters \9 -r- w.P. (cl 7s4l2ol0 Ah i ;. ;:ll'' illlil,,' o, Chaudhary, Advocate VCTSUS , JAG SHORAN i + w.P.(c) Le02lzoLo DTC ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms'Latika *- + ChaudharY, Advocate ' versus SURENDER KUMI\R .... ResPondent Through: Ms.Kittu Bajaj, Adv. + , 1/Y.P. (C) 227&|2OLO DFiLHI TRANSPORT CORPORATION .'... Petitioner . Through: Mrs.Avnisit Ahlwawat, fvls'Latika Chaudhary, Advocate : versLls 'SH".GURBACHAN !-At. & ORS. .'." Respondert't-s Tltrough: Mr.[rl.L.Bareja, Adv. : J- W.P.(c) 3919/20Lo DELHI TRANSPORT CORPORATION '."' Petitioner Throiigh: Mrs.Avnish Ahlwawat, Ms.Latika Clraudhary, Advocate , VCTSUS I ' ;, Kitru guiui, Respondenl Page 2 of 77 I W.P.(C) No.L402.712009 & Connected Matters \1 + w,F.tc) 423l2OLO DELHI I-RANSPORT CORPORATION ..... PCtitiONCT fhrough: Mrs.Avnish Ahlwawat,'Ms.Latika Chaudhary, Advocate VCTSUS SAryA PRAKASH KHURANA ResPondent Through: Ms.Kittu Bajaj, adv. + w. P. (c) 756/2OLO DELHI TRANSPORT CORPORATION ..'.. Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika versus chaudharY' Advocate SOM DUTT ..'.. ResPondent Through: Ms.DeePali GuPta, Adv' + W.P,(c) 832/2010 DELHI -I'RANSPORT CORPORATION ..'. Petitioner Through: Mrs.Avnish Ahlwawat, lvls'Latika Chaucihary, Advocate VCTSUS SH RAM AWAR SHARMA ...'. Respondetrt Throtrglr: Mr.S.N.Sharma',adv' l + w.P. (c) 752120L0 DELHI TRANSPORT CORPORATION ..... PCtitiONCT Through:. Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VCTSUS J,L.DHUPAPR '.,. ResPondent Through: Mr.Narottam VYas, ' Mr.Vikramjeet Sikand, Adl's' f W.P.(C) No.L402-7 /2009 & Connected Matters Page 3 of 27 -t + w. P. (c) 793|2OXO DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika , ChaudharY, Advocate VCTSUS BHAGWATI PRASAD ..... Respondent Through: Ms.Kittu Bajaj, Adv. + w.P.'(c) L38412OLO D.T.C. .... Petitiongf . Through: Mrs.Avnish Ahlwawat,. Ms,Latika Chaudhary, Advocate- VCTS.US t SH.RAJENDER SINGH ."'. Respondent T'hrough: Mr.N.L.Bareja, Ad';. . .F w.P.(c) 13S6 t2O1'O DELHI TI1ANSPCRT CORPOF,ATION .'... PetitioneT Through: Mrs.Avnish Ahlwawat, Ms.Latika ' ChaudharY, Advocate VCTSiJS st-l,NANU RAI\4 SHARMA ..... Respondeni Through: Mr.N.L.Bareja,Arlv. + W.P.(C) 2osl/20i-O ..... Petitioner DTC -l-hrough: Mrs.Avnish Ahlwawat, Ms.Latika ChaudharY, Advccate ,a-. VefSUS RANDHIR SINGH "... ResPondent Through: Ivlr.N.L.Bareja, A'dv" * ' t;;l tffittli*tilo*ro*orroN petitiorrer Through: Mrs.Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate. VCTSU5 RAMESH CHAND jAiN ..... Respondent 'l-hrough: Mr.N.L..Bareja, Ady' W.P.(C) ino.!4O2712009 & Connected lvlatters Page. 4 of 27 Lb . w.P.(c) 468elzaLo DEBI SINGH ..... Petitioner Through: Ms.Deepali Gupta, Adv. VCTSUS DELHI TRANSPORT CORPORATION ..... Respondent Through: Mrs:Avnish Ahlwawat, Ms,Latika ChaudharY, Advocate + W.P.(c) L639/2oL0 . CHARANIIT BATRA ..... Petitioner / CHARANJIT BATRA ., Through:. Ms.Kittu Bajaj, Adv, VCTSUS t DELHT TRANSPORoT coRPoRATloN ..... Respondent Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate + W.P.(c) 1729lzaLa CHARAN KAMAL .'... Petitioner Through: Ms.Kittu Bajaj, adv. VETSUS DTC ..... ResPondent Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate ' rt' + W.P.(C) 3339/20L0 a D r c rhrouoh: Mrs.Avnish ;hi;:ll:l,nil-r t-,'0, ChaudharY, Advocate VETSUS PULAK MUKHERjI '..'. ResPondent Through: Mr.Anrit Kumar, Adv. ' CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE MOOL CHAND GAR,G 1. Whether the Reporters of local'papers may be allowed . to see the judgment? 2. fo be referred to RePorter or not? W.P.(C) No.t4O27 /2009 & Connected Matters Page 5 of 27 \1 I 3. Whether the judgnnent should be reported in the Digest? PR,ADEEP NAI{DRAJOG, J. L. With the promulgation of the Delhi Municipal Corporation Act 1957 artd the Constitution of the Municipal Corporation of Delhi, municipal functions in Delhi except NDMC area and the area ialling 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 s.taff. As the city of Delhi grew, it was. thoi-rght advisable'to corporatize public transpQrt in Delhi and thils the Dellri Transport Corporation yras formed as a bctdy corpora'te and it took over ihe functioning of the Dellri '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 salary of the emprloyees and with a matching contribution by the Corpclration was creclited in the funcl and in the accr.li;nt of the employee, wlto needless to state \^/as a riiemhrer of the Contributory Provident Fund, The enrployees of the Corporation agitated iOr long that the pension scheme of the Governrnent of'lrrdia, which vvas exterrded to Lhe municipal enrployees be also extended to them and in respect of whiclr claim they had petitioned the'supreme Court, when in the year 1992 the Corporation gave an assurance to the Su,preme Court that it would introduce a pension scheme for its employees, including the retired ehrployees and pursLlant thereto issued office o.rder No.16 dated 27.11.1992 notifying that a pension scheme stood notified which would be bperated b)' the L.ife ,f W.P.(C) No.1,4027/2009 & Connected Matters Page 6 of 27 \$ t lnsurance Corporation of India (LlC), The office order reads as under:- "No.Adm-l-5 (4)192 Dated 27 .LL92 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- I20I9121/BB-TAG dated 23.]-1.92 as on the sa me 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 onwarcls 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..of lndia. 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 event of their opting for the Pension Scheme. 'The total amount to be refunded by the retired employees/existing employees would be the amqunt that would have accrued, had they not withdrawn the employer's share. )/V.p.(c) No.1.402712009 & Connected Matters '*j^ PageT of 27 $ -t^ 7, Excess amount of gratuity, if already paid io ex- employee5 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 tl'rem B. A due ancj drawn statement would be prepared in respect of retired enrployees opting for Pension Scheme and the amount to be paid/refunded, would be worked 'out by. the concerned unit, wherefiom the employee had retired fi-om service. 9. lf on;r of the ernployee of DTC, who does not exercise any option withirr the prescribed period of 30 clays or quit service or dies r,vithout exercising an option or whose option is incomplete or conditional or ambiguous. l-le shail be deemed to have opted the Pension Schetne' Benefits. Application fornrs for exercising option woulcl be available with the Urrit Officers and ali employees includiirg retired employees wishing to exercise option, should do sc within the Un'it of their present working/whclre frtjnr thev retired, within a period clf 30 clays from the date of issue of this Office order. The Unit Officers, after receiving the option from the ex-employees, will take fuither necessary action for gettirrg the necessary forrns completed, wlrich will be supplied to thern by tlre LIC for Pension etc. they wil! also ensure the recovery of EPF and Gratuity from the Ex-ernployees before forwarding their applications as mentioned abr:ve. The cases of all officqrs will be: deait with at Headquarters. The options received from the existing ernployees for not opting Pension n'tay be kept in their Personal file and entry made in their Service Bock'" 2. A perusal of the schenne shows that as regards the retired employees, they, had to specifical'ly clpt to be paid pension ancl had to simultaneously refund to-tlre Corporaiion, if,e enlployers' slrare received by them as nrembers cf tlre C.ontributory Providerrt Fund Scheme together. wit'n intei-est W.P.{C) Nc.L4027 i2009 & Connectecl Matt-ers Page 8 of 27 . (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 23.11-.1992 and as regards the existing serving employees, vide para 9, it was stated that those who do 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 27.t.l-.t.992 was promulgated, if they desired to continue to be the me,mbers of the Contributory Provident Fund Scheme they had to specifically say 5o, for the reaSon, their silenCe was to be treated ai 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 continue to be a member of the Contributory Provident Fund Scheme, post haste, the Corporation notified a voluntary retirement scheme 'r on 3.3..1993 contents whereof read as under:- "Sub:- Voluntary Retirement of Employees of Del[i ,Tra nspo rt CorPoration 'The rnatter pertaining to the introduction of vOluntary Retirement Scherhe for the employees has been under the consideration of Delhi Transport corporation. Salient Features'of the proposed voluntary Retirement Scheme are as under:- 1. Applicability: , The scheme will be applicable to all regular employees of'the corporation i;e. workers and W.P.(C) No.1.4027/2009 & Connected Matters 'Page 9 of 27 I executives who are appointed against regular ' vacancies in the corporation. 2. Eligibility: .An employee nrust have compleied 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.' (a) 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 merits of each case and in the interest of the corPoration. (b) Voiuntary 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 tlris scheme be allowed frorn a' date earlier than the date of passing the orders. : (c) 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 empioyee vyl'ro had taken voluntary retirenre'nt wili be eligible to the following refundsipavrnents:- Balance in'his PF Accourrt as per rules of (a) provident furrd applicable to hint. (b) Encashnrent of refused leave and accLtmulated earneci ieave as per rules cf the corporation applicable to him as if fre re'tiles under the rrorrnal rules of retirernent. \l/.P.(C) No.1402712009 & Connected Matters Page IO of 27 .t- I (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. (e) An Ex-Gratia payment equivalent to I-Il2 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 norrnal date of. retirement, (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/hei postihg to the place where heishe intends to settle down in India. (g) Fensionary benefits as per office order lrfo. J.6 dt"27 "3"L.92. (Emphasis supplied) All amourrts due to the corporation will be adjusted against the payments r.tnder (d) & (e) above and the lemployee concerned should clear any outstanding 'clr,res/advanc'es taken before the date of effect of vol r-r nta ry reti rement. Employees working on the post of Conductor in the Corporation are proposed to, be covereC under the Voluntary Retirement scheme in the 'tirst instarlce. Such Conductors who are desirous of sbel<ing voluntary retirement in the proposed Scheme lnay give their opiion in the prescribed Performa tlrrough Iroper channel within 15 days to be concerned Unit officer who will foriryard the same to the secretary, DTC Boa rd This issue with the aPProval a uthority. " competent 4.. Needless to state, the VRS Schetne clearly notified that those who opt for voluntary retirement would be entitled to pension as per the office order No'16 dated 27.11'1992 (vide para a(g) of the VRS Scheme). Page LI of 27 tln. t of W.P.(C) No.L4O27/2009 & Connected Matters ,2 5. Soon thereafter vide office memorandum dated 1.6.3.1993 the VRS Scheme notified on 3.3.1993 was made epen, for offers to be submitted hry all employees of the Corporation. The officer memorandum datecl 16.3.1993 reads as under:- "Now, it has been decided to cover all the employees of tlre Corporation under the proposed Voluntary Retirement Scheme. Such employees w.ho 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." .y. 6. \A/hen DTC notified the pension schenre'on 27.11.1992, the respondents of W.P.(C) Nos.L4027 2009, 40rl70ia, 565!2.01a, 598/2010, 75412.010, 1902/2010, ?2'741?.010 (3 in number) and 391912010 specifically opted for the pension scheme, The respondents of W.P.(C) . Nos.423l2OJ.0, 756l2OIrJ, 832120l-0, 752l2ol'0, 7 93120l-0, I3B412A1O, 1386/2010 and 205712010 clid not submit any .cptions and hence wer'e to be'treated aS deerned optees for ., pension. ,/\ 7. may be noted that the writ petitioners of \ /.P.(C) lrlos.1639l2010 and 1.729120L0 also did not submit any opliotts \^r and lrence would be deerned to be optees for pension. It may also be noted that the respondeni of W.P.(C) B. 9. No.4906 12010 and the writ petitioner of W.P.(C) No.468912010 submitted their options expressly stating that they cic not opt for the pension scheme, meaning thereby, they indicated positively that they would lil<e io continue to be mernbers of the Contributory Provident Fr,rnd Scheme. On differerit dates, but all in the respondents of ali , the writ petitions No.1639 i2A1,A, \i/.P.(C) No.1729 !20t0 W.P.(C) No.t4O2-/!2009 & Connected N4atters year 1993 ihe except W, P.(C) and W.P.(C) 'Page LZ of 27 )A h .: 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. It is thus apparent that if request for voluntary retirement was accepted, the said respondents and the writ petitioner of W.P.(C) No.46B9 20f0, would or would not be entitled to pension would depend upon whether ttrey dr anyone of them had specifically opted to continue under the Contributory Provident Fund Scheme. We say . so 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 ahd those who sr-rbmitted no option whatsoever would be treated as opting for the pens.ion scheme and only those who specifically bpted to continue to be mgmbers 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 Provident Fund Scheme. Thus, it is appar"ent that the respondent of W.P.(C) 11. scheme. 12. No.490612010 and the writ petitioner of W.P.(C) No.468912010, having.exercised a positive option to continue to be retain'ed as lTembers under tlre Contributory Provident Fund Scheme, could under no circumstance claim benefit under the pension ln the year 1994, by and under a notifica-tion dated 5.12.!994, all employees of the Corporation except Officers, .Traffic Supervisors, TlS, ATls, Vehicle Examiners and Drivers, were given another chance to opt for Voluntarlf Retirement by submitting letters of offer. The scheme notified'stateci that all terms as per the VRS Scheme dated 3.3.1993 would apply. But, the said notification expressly stipulated the following condition:- : Page !3 of 27 W.P.(C) No.t4O27/2009 & Connected Matters ' , : " lt is also notified for infonmation of all such . employees who opt for VRS ttrrat they would 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 23.72.1,994 another circular was issued extending the right to make offer by all the employees pertaining to the VRS Scheme . notified on 5.72.1994. Thereafter on 815.1995, to a specified category of employees stipr-rlated in the scheme were qiven the option to submit offers under the Voluntary Retirement Scheme. But there was an express condition therein that these employees would not be entitled to join the pension scheme. 1,4. The writ petitioners of W.P.(C) Nos.163912010 and 112912010, wlto were deerned optees ur,rder the pension s;cheme, having exercisecJ no option at uit pursuant to the notification dated 27.11-.1992, submitted'offer to be volun[arily retired on 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 two petitioners of W.P.(C) Nos.1639/2010 and 1.729PA70, submitted offer letters to be voluntarily retired ,under the VRS Scheme notified on 3.3.1993, which contained the ternrs of the scheme and as exterrjed from time to time in the year 1993. 16. As regards W.P.(C) No.333912010, the respondent thereof had,retired on 70.7.1991 i.e. b'efore the notification clatecl '27.L1-.1992 was issued and as regards him, vide para 6, if he did not specifically opt for the pension scheme rruithin 30 days of the notification dated 27.11.1992 he would,have got no benefit under the pensicn scheme for the reason on his W.P.(C) No.L4027/2009 & Connected N4atters .( ?age t4 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 accou,nt under the Contributory Provident Fund Scheme. Thus, we can conveniently segregate the litigating partiqs in three compartments. Those who exercised option , for voluntary retirement in 1993. Those who exercised option for: voluntary retirement in the year 1995. Lastly the respondent of W.P (,C) No.333912010 whose case has to be dealt with de-hors the Voluntary Retirement Schemes. i^ 18. We deal with the grievance of the Corporation ' pertaining to W.P.(G) No.3339 2010, the respondent whereof ha.s got benefit from the Central Administrative -[ribunal, yhere vide order dated 15,1.,2010 his claim has been allowed by holding that he is a deemed optee for pension as per the pension scheme notifierJ on 27.11.1992 19. No discernable reasons are forthcoming from the decision of the Tribunal save and except that the Tribunal has .l treated his entitlement in terms of .clause 9 of the pension scheme dated 27.1-l-.1992, ignoring the fact that clause 9 applied to the serving employees of .DTC and in respect of those who had retired prior to the promulgation of the notification dated 27.!ltlrgg2, were required to exercise a positive o.ption to be given pension with concomitant act of refunding the management's share received. by t'hem under the Contributoryr Provident Fund Scheme, vide para 6 of the notification dated 27.11.1992. Incleed, tltis has bqen so treld by a Division Bench of this Court in the decision dated 16.3.2000 in LPA No.33/199 B DIC Vs. Sh.Aaiinath Bharaav 8t Ors.. which decision has been upheld by the Supreme Court in 17. '-f'r W.P.(C) NoJ-4C27/2009 & Connected l/latters Page L5 of 27 ,r7 I the decision reported as (2001) 6 SCC 61 DTC Retired 20. Thus, as regards W.P.(C) No.3.339 /2010 is concerned, noting that the respondent therein coulcl not be treated as a deemed optee for the pension scheme and having not specifically optec 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 nnember of the contributory Provident Fund schenie and obviously he having not opted for the pension scheme ancl thus not having returneci the managernent's contribution pertaining to him and as credited in'his account as a memlcer of the corrtributory Provident Fund, Scheme, sai,C respondent would have no case at ait. 7_r. Thus, W.P.(C) No.333912010 is allowed. tmpugned judgment and. order dated 15.1.2010 allowing TA No.120912009 is set aside and TA No.120912009 is dismissed, 22. We take up tlre case of the petitioners'of W.P,(C) ' Nos.1639/2010 and 1729120l-0, who were in service as on 27.ILI992 and did not subr.nit any option under the notification dated 27.11.1992 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 voluntaiily retired by submitting offers on 4,1.1995 and 17.10,1995 respectively. lt is further to be noted that by then the voluntary retirenrent schemes notified earlier. had lapsed and they could seek voluntqry retirernent as per the scheme notified on 23.I2.1994 and 8.5.1995 respectively i.e. tlre VRS Schemes notified prior to the dates 4,1.1-995 and 1'l.1,0.1995. As is noteci irereinabove both schemes under which they applied specifica!ly excluded entitlement for pensir:n inasmuch as the tvvo'schernes cleariy staLed that employees opting for voluntary retirernent under the two F ..- ociation W.P.(C) No.1.40?-7/2Q09 & ConnecteC Maiters Page 16.of 27 I schemes would not be entitled to pension; and as regards the other terms' and conditions it was mentioned that the sa:me would be as per the scheme notified on 3.3.1993.