lD * % IN THE HIGH COURT OF DELHI AT NEW DELHI Iudoment Reserved On: '23& i,tb+ , 2070 ludament Delivered On: 70th Auau"st. 2070 -r"'r-#(t tl (PRADEEP NANDRAJOG) JUDGE a w.P.(c) 832|2OLO DELH I TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS SH RAM AWAR SHARMA ..." Respondent Through: Mr.S.N.Sharma,Adv' 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 NANDRAIOGJ For orders, see W.P.(C) No.1402712009. .a ,Q AUGUST LO, zOLO mm 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 I \\ {< IN THE HIGH COURT OF DELHI AT NEW DELI-I! % tudament Reserved On: 29th lulv. 2070 tudament Delivered On: 70rh Auoust. 2070 + W.P.(C) L4o27l2Aog D E LH I rRAN s Po *1f3ffi fr l^1?) nun i, t, Ah I * ;; i;t'l'i 3 t?!' o" Chaudhary, Advocate VCTSUS MADHU BHUSHAN ANAND .'.'. RCSPONdCNT Through: Ms.Kittu Bajaj, Adv' + W.P. (Cl +oLlzoLO DTC .' Petitioner Through: . Mrs.Avnish Ahlwawat, Ms. Latika ChaudharY, Advocate VCTSUS SUDERSHAN LAL SHARMA "..' Respondent Through: Ms.Rekha Aggarwal, Mr.D.S.Kauntae, Advs. + W.P'(C) s65/2OLO DTC .." Petitioner j Through: Mrs.Avnish Ahlwawat, Ms. Latika Chaudhary, Adv.ocate VCTSUS SURESH CHANDER ..... ResPondent Through: Mr.S.N.Sharma,Adv. + w.P.(c) 598/20L0 DELHI TRANSPORT CORPORATION ..... PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms.Latika Cha.udhary, Advocate VCTSUS ZILE SINGH :.... Respondent Through: Mr.N.L.Bareja,Adv. W.P.(C) No.I4O27 /2009 & Connected Matters Page L of 27 V ,W -r- w.P.(c) 7s4lzaLo D.T.C. ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS . JAG SHORAN ..... ResPondent Through: Ms.Kittu Bajaj, Adv. .+- W.P.(c) L9o2/2o10 DTC .... Petitioner Through: Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VCTSUS SURENDER KUMI\R .., ResPondent- Through: Ms.Kittu Bajaj, Adv, .:, W.P.(C) 2274|2ALO DF:LHl TRANSPORT CORPORATION .".. Petitioner Through: Mrs,Avnisft Ahlwawat, Mls.Latika Chaudhary, Advocate ' versLls .f ' iII.GURBACHAN l-At.. & oRS. ..... Responderrt-s . Through: Mr.hl.L.Bareja, Adv. -{- W.P.(C) 39L9/20X0 DELHI TRAI{SPORT CORPORA'|ION ..... Petitioner 'Throrigh: Mrs.Avnish Ahlwawat, Ms.Latika Clraudhary, Advocate VCTSUS RAJO SAINI ..... ResPoncletti Tlirough: Ms. Kittr"t Bajaj, adv. l{/. P. (C) No.L402.7 I 2009 & Co n irected M atte rs Page 2 ol 27 '4" + w.P. (Cl 423l2Ol"Q DELHI TRANSPORT CORPORATION ..... PCtitiONCT Through: Mrs.Avnish Ahlwavrat, Ms.Latika ChaudharY, Advocate VCTSUS SATYA PRAKASH KHURANA '.'.' Respondent Through: Ms.Kittu Bajaj, adv. + W.P. (Cl 7s6l2oLo DELHI TRANSPORT CORPORATION ..... PCtitiONCT ' T-hrough: Mrs.Avnish Ahlwawat, Ms.Latika versus chaudharY' Advocate SOM DUTT ""' ResPondent Through: Ms.DeePali GuPta, Adv. + W.P. (cl 8321203-0 DELHI I'RANSPORT CORPORATION '."' Petitioner Through: Mrs.Avnish Ahlwawat, tvls.Latika ChaucjharY, Advocate : versus SH RAM AWAR SHARMA ..... RCSPONdCNT Througlr: Mr.S.N.Sharma,adv. -f w.P. (cl 7s212o10 DEI_HI TRANSPORT CORPORATION ..... PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate . VETSLIS J.L.DHUPAPR ...'. ResPondent . Through: Mt'.Narottam VYas, Mr.Vikramjeet Sil<and, Advs, W.P.(C) No.L402712009 & Connected Matters Page 3 of 27 \\ft +- w.P.(c) 793/20L0 DELHI TRANSPORT CORPORATION "... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS BHAGWATI PRASAD ..... ResPondent ' T'hrough: Ms.Kittu Bajaj, Adv. + W.P.(c) L384l2oLo D.T.C. ..." Petitioner Through: Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VETSUS SH.RAJENDER SINGH ',..' Respondent I-hrough: Mr.N.L.Bareja, Ad'r. + W.P.(C) L386/201"O DEL-Hl.rRANSPoRTCoRPoRATloN.'...Petitioner -l-hrough: N4rs.Avnish Alrlwawat, lVs.Latil<a Chaudhary, Advocate VCTSUS SI-I.NANLJ RAN4 SHARMA ....' Respondent Through: Mr.N.L.Bareja,Adv. +- W.P.(C) 205Llz0Ltt D-IC .... Petitioner -l-hror.rgh: Mrs.Avnish Ahlwaurat, Ms.Latika Chaudhary, Advccate ' VCTSLIS RANDHIR SINGH ..... ResPondeirt Thrctuglr: lvlr.N.L,Bareja, A.tjv. i. W.P.(C) 49oG lzAL{I DELHI TRANSPORT CORPORATION ..... PCtitiO]IET. Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSLIS RAMESH CHAND jAiN ..... Respondent 'l-hrough: Mr.N.L..Bareja, Adv W. P. (C) tno.1.4O27 / 2009 & Co n n ected lvlatte !'s Page. 4 of 27 : {' A <- +- w.P.(c) 4689 aALO DEBI SINGH ..... Petitioner Through: Ms.DeePali GuPta, Adv. VCTSUS D E LH I rRAN s P o -ifSffi fl 1"1?| Av n i s h ffi ,l:;i'?l lrTl-"., o, Clraudhary, Advocate +- W.P.(c) L639/2oLo CHARANJIT BATRA .'.'. Petitioner Through: Ms.Kittu Bajaj, Adv. VETSUS DEL.HI TRANSPOROT CORPORATION ..'.. Respondent Through: Mrs,Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate +- W.P.(C) L7291201'O CHARAN KAMAL ..... PCtiTiONCT Through: Ms.Kittu Bajaj, adv. VCTSUS DTC ..... ResPondent Through: Mrs.Avnish Ahlwawat, Ms,Latika Chaudhary, Advocate n. 1- W.P.(cl 333e/2o1o D.T.C. .... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VETSUS PULAK MUKHERjI ..... ResPondent Through: Mr.Anrit Kumar, Adv. CORAM: HON'BLE MR. JIJSTICE PRADEEP NANDRAJOG t-toN'BLE MR. JUSTICE MOOL CI-IAND GARG 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to RePorter or not? W.tr.(C) No.t4O27 /2009 & Connected Matters Page 5 of 27 t x4 a-' 3. Whether the judgnrent should be reported in the Digest? PRADEEP NANDRAJOG, I.. I With the promulgation of the Delhi Municipal Corporation Act Ig57 artd the Constitution of the Municipal Corpclration of Delhi, municipal tunctions in Delhi except NDMC area and the area fallirrg under !hu jurisdiction of the Cantonment Board were vested in the Municipal Corporation of Delhi, which included the function of providing public transport irr the city of Delhi. As a separate wing of the Corporation, the Delhi Transport Undertaking was constituted with a separate budget and separate staff. As tlie city of Delhi grew, it was thought advisable to corporatize public transport in.Delhi and tlrus l-he Dellri l-ranspcrt Corporation was fornred as a body crlrporate and it took over the functioning of the Dellri -l'ransport Undertaking. The said Corporation had in place a Contributory Provident Fund Scheme for its employees and needless to state each tnonth a fix amount was deducted from tl-re sdlary of the emprloyees and with a matching contribution bry the Corpclration was credited in the fr:nd and in the accr-lt:nt of the employee, who needless to state \^/as a rltember of the Contributory Provid.ent Fund. The . emplloyees of the C,orporation agltateci ior lon-o that the pension scheme of the Govsrnnnent of lrrdia, which was exterrded to Lhe municipal enrployees be also extended trr them and in respect of whiclr claim they lrad petitiorred the Supr-eme Court, when in the year L992 the Corporation gave an assurance to the Supreme Court tlrat it would introdLtce a pension scheme for its employees, including the retired enrployees and pursLtant thereto issued office order No.16 dated 7-7.71.1992 notifying that a pension s;cheme stood notified which would be operated b)' the Life W.P.(C) No.1,4027 /2009 & Cortnected Mattefs Page 6 of 27 g V rl' lnsurance Corporation of lndia (LlC). The office order reads as under:- Dated 27 .LI..92 Sub : Introduction of Pension Scheme in DTC as applicable to'the Central Govt. Employees. The introduction of Pension Scheme for the empioyees of the DTc has been sanctioned by the central Govt. and conveyed by the M.O.S.T. vide letter No.RT; L2OIT\2\/BB-TAG dated 23.1"L.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 e'Ffect 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 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 India. 4. The Pension Schen'le would be compulsory for all the new employees joining DTC w.e.f. 23.II.92, 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 qTC employees, who opt for Pension Schente 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. 'l-he total amount to be refunded by - the reLired employees/existing enrployees would be the amount that would have accrued', had they not withdrawn the employer's share. W. P. (C) No.1-4027 / 2009 8t Co n nccte-'d Matte rs PageT of 27 't. 'f $ fl x< 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 tlrem betore any benefit under the Scheme, is granted to tfrern B. A due ancj drawn statement would be prepared in respect of retired enrployees opting for Pension' Scheme and tlre amount to be paid/refunded, would be worked out by the concerned unit, whierefrom the employee had retired from service 9. lf any of the employee 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. l-le shall be deemed to have opted the Pension Scheme Benefits Application forms for exercising option would be available with tfre Upit Officers and ali enrployees irrcludirrg retired employees wishing to exercise option, should do sc r,uithin the Unit of tlteir present working/wherefrorn thev retired, witlrin a period of 30 clavs from the date o'F issue of this Office order' The Unit Officers, after receiving the option fronn the ex-employees, will take further necessary. action for getting the necessary forrns comple'ied, which will be supplied to thern by the LIC for Pension etc. they will also ensure the recovery of'EPF and Gratqity from the Ex-ernployees before forwarding their applications as rnentioned abr:ve. The cases of all officers will be dealt with at l-leadtluarters. Tlre options received from the existing ernployees for not opt.ing Pension may be kept in their Fet'sonal file and entry made in their Service Bock," :)-. A perusal of the scheme shows that as regards the retired employees, they had to specifically opt to be paid pension arrd had to simultaneously refund to tlre Corporation, the employers' slrare received by them as nlenrbers cf the Contributory Providerrt Furrd Scheme together with interest W.P.(C) Nc:.1.402712009 & Connectecl Matters .'t, Page 8 of27 f ,y I T (vide para 6 of the Scheme). As regards tlre exist[ng employees, it was stated vide para 4, that the pension scheme would be compulsory for those who joined serviqe under the Corporation with effect from 23.L1-.I992 and as regards the existing serving erlployees, vide para 9, it was stated that those who cJo 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 '7I'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 neeclless to state their positive option to opt tor tfre pension scheme was alwaYs there. 3. Without worl<ing ou[ the modalities with the LIC to worl< upon and implement the pension Scheme and without completing the formalities of compiling the data as tr: 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:- e. of Delhi "Sub:- Voluntary Retirement of Employees Tra nsport Co rpo ration. The rnatter pertaining to the irrtroduction of voluntary Retirement Scheme 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 ernployees of the corporation i.e. W.P.(C) No.L4027/2009 & Connected Matters all regular workers and Page 9 of27 bP \fr I executives who are appointed against regular vacancies in the corPoration. 2. Eligibility: An employee nrust have completed ten years of service in this corporation or ccmpleted 40 years of age to qualify for consideration under the Scheme' For this purpose, period of deputationlretention 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 rel-irement will be norrnal!y allowed only in cases of incumbents of the posts which have been declared suirplus or redundant. Houlever, voluntary retirement Scheme could also be allowed in other cases depending on the merits of each case and in the interest of the corporation. Voiuntary retirement ca'nnot 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 t.lris scheme be allowed fronn a date earlier tharr the date of passing the orders. (b) (a) (a) 2a An entployee itt whose case any disciplinary case is pending will not be considered under this scheme until the disposal of the same- 4. An employee vul'to had taken voluntary retirenrent will be eligible to the following refunds/payrnents;- Balance in his PF Accourrt as per rules of (c) prr:vident fund applicahrle to hint. (b) Encashment of refused accumulated earnecl leave as Per corporation applicable to him as if he the rrorrnal rules of retirernent. leave and rules of' the retires under \A/.P.(C) No.L407712009 & Connected Ma'rters Page 10 of 27 A tu (c) Gratuity as per payment of gratuity act and gratuity Rules of the corporation applicable to him' pay as is applicable in the terms of him/her (d) Three month notice the individual case as Per em ployment. I --(. (e) An Ex-Gratia payment equivalent to l-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 normal 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/her posting to the place where he/she intends to settle down in India. (g) Pensionary benefits as per erf,fice order Nfo.J.6 dt.27.X,L.92. (Emphasis supplied) All amourrts due to the corporation will be adjusted against the payments urnder (d) & (e) above and the employee concerned should clear any outstanding cjures/advances taken before the date of effect of voluntary retirement. Errrployees working on the post of Conductor in the' Corporation are proposed to be covered .under the Voluntary Retirement Sclreme in the first instapce. Such Conductors who are desirous of seel<ing voluntary retirement in the proposed Scheme rxay give their option in the prescribed Performa tlrrough proper channel within 15 days to be concerned Unit Officer who rrvill foruiard the same to the Secretary, DTC Board. 'This issue with a uthority. " the approval of competent 4,. Needless to state, the VRS Scherne clearly notified that those who opt 'For voluntary retirement would be entitled to pension as .per the office order No.16 dated 27..l.1-'1-992 (vide para a(g) of the,VRS Scheme). Page 1.7 of 27 .o W.P.(C) No.1-4027/2009 & Connected Matters /1/ A \"I 5. Soon thereafter l,ide office memorandum dated 16.3.1993 the VRS Scheme notified on 3.3.1993 was made open, for offers to be submitted hry all employees of the Corporation. The officer memorandum dated 16.3.1993 reads as under:- "Now, it has been decided i.o correr 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 profbrma through proper channel within 15 days to the concerned Unit Officers, who will forward the same to the Secretary, DTC Board." 6. When DTC notified the pension scheme on 27.I1.1992, the respondents of W.P.(C) Nos.14027!2049, 40u2010, 565i2010, 59,8/2010, 75412.0l-0, 19C)2/2010, 227412010 (3 in number) and 3919.2A10 specifically opted for tl-re pension scherrre. The respondents of W.P.(C) Nrrs.423 |2OIO, 7561?010, B32l?-0l-0, 752120].0, 7931201'0, 138412070, 1386/2010 and 2051/2010 did not submit any options and hence were to be treated as deemed'optees for perrsion. r '7. lt may be noted that the writ petitioners of .\A/.P.(C) - Nos.1639i2010 and'1.-72912010 also did not submit any options and hence would be cleemed to be optees for pensiotr. B. lt may also be noted that the respondent of W.P.(C) No.4906120L0 and the writ petitioner of W.P.(C) No.46B9l20I0 subrnitted their options expressly stating, that they do not opt for the perrsion scheme, meaning thereby, they indicated pcsitively that they would lil<e to continue to be mernbers of the Contributory Provident Fund Scheme. 9. On differerit dates, but all in the year 1993 the respondents of all the writ petitions exceSrt W.P.(C) No.1639DA7.A, W.P.(C) No.1729 2010 ;:ncj W.P.(C) \li. P.( C) Na.1.402-7 / 2009 & Co n n ected M a tte rs Page LV of 27 fi, No.3339 I2OIO 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. It is thus apparent that if requrest for voluntary \(-- 10. 11. T2, retirement was accepted, the said respondents and the writ petitioner of W.P.(C) No.4689120]-0, 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 reason, pertaining to the existing employees, the pension scheme notified on 27.LI.I992 clearly'stated that those who specifically opted for the pension scheme and those who submitted no option whaLsoever would be treated as opting for the pension scheme and only those who specifically 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 Provident Fund Scheme Thus, it is apparent that the respondent of W.P.(C) No.4906 I2OIO and the writ petitioner of W.P.(C) N0.4689120l.0, having exercised a positive option to continue to be retained as members under tlre Contributory Provident Fund Scheme, could under no circumstance claim benefit under the pension scheme. ln the year irgg4, 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 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.(C) No.1,4O27/7009 & Connected Matters Page !3 of 27 qAt -c- 1.5. " lt is also notified for information of all such employees who opt for vRS that they would rlot be entitled to join Pension Scheme if they, are allowed retirernent 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.l'2.L994 another circular , was issued extending the right to make offer by all the empioyees pertaining to the VRS Scl-reme notified on 5.I2.1994. Thereafter on 8.5.1995, to a specified category of employees stipurlatecJ 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 not be entitled to join the pension scheme. L4. The writ petitioners of W.P.iC) Nos.163912010 a.nci I72gl2OL0, wlro were deemed optees under the pension schelne, having exercisecl nc option at all pursuant to the rrotification date d 21.11.1992, submitted offer to be volttnLarily r"etired on 4.1.1995 and 17.10.1995' -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.1639i2010 and 172912010, 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 exterrded from tinre to time in the Year 1993. 16. As regards W.P.(C) No.3339120l-0, the respondent thereof had retired on 10.7.1991 i.e. before the notification clateci 2-7.7.1..1992 was issued and as regards him, vide para 6, if he did not specificall.v opt fcrr the pension scheme vrrithin 30 clays of Lhe notification datecl 27.11.1992 he uiould have got no benefit under thel pension scheme for the reason on his Page 14 of 27 W.P.(C) No.t4O27 /2009 & Connected N4atters ( A 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' :-7. Thus, we can conveniently segregate the litigating parties in three compaftments. 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.3339 120L0 whose case has to be clealt with de-hors'the Voluntary Retirement Schemes' we deal with the grievance of the corporation 18. 19. pertaining to w.P.(c) No.3339I2OLO, the respondent whereof lras got benefit from the central Administrative Triburral, 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 pension scheme notified on 27.11.1992' No discepnafle reasons are forthcoming from the decision of the Tribunal save and except that the Tribunal has Lreated his entitlement in terms of clause 9 of the pension scheme dated 21 .tI.I992, 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.Il.Lgg?-, were required to exercise a positive option to be given pension with concomitant act of refunding the management's share received by them under theContributoryrProvidentFundScheme,videpara.6ofthe notification clated 27.11.1992. lrrcleed, tltis has been so lreld by a Division Bench of tlris Court in the decision dated 16.3.2000 in LPA No.33/1998 Dre tts--sn-EaanAlLBharctav & Ors. which decision has been upheld by the Supreme Court in Page L5 of 27 W.P.(C) No.1,aO27/2009 & Connected Matters ,* -/, the decision reporterJ as (2001) 6 SCC 61 DTC Retired iation & Ors. Vs. DTC & O Thus, as regards W.P.(C) No.333912070 is 20. \l concerned, noting that the respondent therein could not be treatecl as a deemed optee for the pension scheme and having not specifically opted for the pension scheme and. having received all dLtes payable to him when'he retired as per the amount lyitrg to his credit as a member of the Contributory Provident Fund Scheme and obviously he having not opted for the pension scherne. ancl thus not having returned the rnanagernent'S contribution pertaining to him and as credited in l'ris account as a member of the Corrtributory Provident Fund Scheme, saicl respondenL vrouid have no case at all. 27.. Thus, W.P.(C) No.3339/2010 is allowed. l.mpugned judgment and or'Jer dated 15.1.2010 allowing TA No.1209 l2OOg is set aside and TA No.1209 12009 is dismissed' 22. We take up the case of the petitioners of W.P.(C) Nos.1639/2010 and 172912010, who were in service as on 27.I1.1992 and did not surbmit any option under the notification dated ?7.1.1.1992 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 17.10,1995 respectively. lt is further to be noted that by then the voluntary retirenrent schenres notified earlier had lapsed and they could seek voluntary retirernent as per the schenre notified on 23.12.199/L and B.5.1995.respectively i.e. tlre VRS Schemes ncltified prior to the dates 4'1.1995'and I'7.I0.1995. As is notecl irereinabove both schemes under which theyr applied specifically excluded entitlement for pension inasmuch aS the tvvo schennes clearly stated that employees opting