w * % IN THE HIGH COURT OF DELHI AT NEW DELHI tudament Reserved On: /9e r.!!A 2070 t w.P.(c) s6s/2or.o DTC ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms. Latika Chaudhary, Advocate VCTSUS SURESH CHANDER ..... 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 NAIIDMIOG-L For orders, see W.P.(C) No.1402712009. -*a\Y (PRADEEP NAND'RAJOG) JUDGE AUGUST I.O, 2O1O mm "r( it>-l e 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 )t@ * IN THE HIGH COURT OF DELHI AT NEW DELI-II % ludament Reserved On: 29th lulv, 2070 tudament Delivered On: 70th Auoust. 2070 + W.P.(C) L4O27l2OOg DELHI TRANSPORT CORPORATION ..''. PCtitiONET Through: Mrs.Avnish Ahlwawat, Ms.Latika' Chaudhary, Advocate VCTSUS 't. l (; MADHU BHUSHAN ANAND '.... Respondent Through: Ms.Kittu Bajaj, Adv. + W. P. (c) 4oLl2olo, 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) s65/20LO DTC .,... Petitioner Through: Mrs.Avnish Ahlwawat, Ms. Latika Chaudhary, Advocate VCTSUS SURESH CHANDER ..... Respqndent Through: Mr.S.N.Sharma,Adv. + w.P.(c) 598/20L0 DELHI TRANSPORT CORPORATION ..... PCtiIiONCT Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS ZILE SINGH .... Respondent Through: Mr.N.L.Bareja,Adv. W.P.(C) No.L4027/2009 & Connected Matters Page 1- of 27 { -r- w.P.(c) 75U2AL0 D.T.C. ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advo.cate VCTSUS JAG Sr-ioRAN ..... Respondent Through: Ms.Kittu Bajeij, Adv. -{ f--l +- W.P.(C) L9O2/2O1"O D-l-C .'... Petitioner Through: Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VCTSUS SURENDER KUMI\R ..... ResPondent- Through: Ms.Kittu Bajaj, Adv. + W.P.(cl 2274lzaLV DF.LHI TRANSPORT CORPORATION ..... PCtitiONCT Through: Mrs,Avnisl't Ahlwawat, lvls.Latika Chaudhary, Advocate VCTSLIS 6 SH.GURBACHAN l-At- & oRS. ..... RespontlerrLs Through: Mr.l{.L.Bareja,Adv. + w.P.(c) 39L9/20L0 DELHI TRAhISPOF.T CiORPOfiA-flON ..... Petitioner Throrigh: Mrs.Avnish Ahlwawat,' Ms.Latika Clraudhary, Advocate VCTSUS RAJO SAINI ..... ResPoncleni Tlrrough: Ms. Kittr: Bajaj, adv. ',V.P.(C) No.LaO2.7 /2009 & Connected Matters Page 2 ol 27 A v +- w.P.(c) 423|2OLO DELHI TRANSPORT CORPORATION ".'. Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS SATYA PRAKASH KHURANA ..'.. Respondent Through: Ms.Kittu Bajaj, adv. + w.P. (cl 7s6l2oLo DELHI TRANSPORT CORPORATION ...'. PctitiONCT I-hrough: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS SOM DUTT '.'.. ResPondent Through: Ms.DeePali GuPta, Adv. + W.P. (cl 8321203.0 DELHI I'RANSPORT CORPORATION ....' Petitioner Through: ,Mrs.Avnish Ahlwawat, IVls.Latika Chaucihary, Advocate verSus SH RAM AWAR SHARMA ,.... Respoirdetrt Througlr: Mr.S.N.Sharma,adv. -F W.P. (c) 752l2on o DEI-HI TRANSPORT CORPORATION .... PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSLIS J.L.DHUPAPR ..... ResPondent Through: Mr.Narottam VYas, Mr.Vikramjeet Sil<and, Advs. W.P.(C) No.L4O27/2009 & Connected Matters ik Page 3 of 27 + \q -{- w.P.(c) 793|2OLO DELHI TRANSPORT CORPORATION .... PCtitiONCT rhroush' u;:f,Ti?l, tl*?:,x'' Ms Latika VCTSUS BHAGWATI PRASAD ..... ResPondent Through: Ms.Kittu Bajaj, Adv. + W.P.(C) L384l2OLo D.T.C. ..... Petitioner Through: Mrs.Avnish Ahlwawat, MS.Latika Chaudhary, Advocate VCTSUS SI-I.RAJENDER SINGH ."'. Respondent I'hrough: Mr.N.L..Bareja, Ad''r + W.P.(C) L386/2010 DELHI.TRANSPORT CORPORATION ...'. PCtitiONCT -t-hrough: N4rs.Avnish Alrlwawat, Ms,Latilca Chaudhary, Advocate VCTSUS S|-|.NANU RAI\4 SHARMA ..... Respondent Through: Mr.N.L.Bareja,Adv. + W.P.(C) 2O5L/2O1't) D-fC ..... Petitioner -l-hrolrgh: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advccate VCTSLIS RANDI-{IR SINGH ..... Respondeitt Througlr: wlr.N.L.B-areja, A.tlv. -.i- W.P.(C) 4906 /?AT{J DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSLIS RAMESH CHAI{D jAiN .... RespondenL -l-hrough: Mr.N.L..Bare1a, Adv. 'v!.P.(C) i,|o.1.4027 !7009 & Corinected lVlatter"s Page 4 of 27 ( l\ +- w.P.(c) 468sl2OLO DEBI SINGH ..... Petitioner Through: Ms.Deepali Gupta, Adv. VCTSUS DELHI TRANSPORT CORPORATION ..... Respondent Throughl Mrs.Avnish Ahlwawat, Ms.Latika ClraudharV, Advocate d +. W.P.(c) 1639/20L0 CHARANJIT BATRA .... Petitioner Through: Ms.Kittu Bajaj, Adv. VCTSUS DEL.HI TRANSPOROT CORPORATION ..... Respondent Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate +- W.P. (cl L729l2oTo CHARAN KAMAL ..... PCtitiONCT Through: Ms.Kittu Bajaj, adv. VCTSUS DTC ..... Respondgnt Through: Mrs.Avnish Alrlwawat, Ms.Latika { Chaudhary, Advocate - + W.P.(C) 3339/20L0 ).T.C. ..... Petitioner -l-hrough: . Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS PULAK MUKHERjI .... Respondent Through: Mr.Anrit Kumar, Adv. CORAM: r-toN'BLE MR. JT.JST|CE PRADEEP NIANDRAJOG l-{oN'BLE MR. jUST|CE MOOL CHAND GARG 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to Repor-ter or not? W.P.(C) No.1,4O27 /2009 & Connected Matters Page 5 of 27 \b Y< Jrs -- 3. Whetfrer the judgrnent should be reported in the Digest? PRADEEP I{ANDRAIOG, l. J. 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 fallirrg under the jurisdiction of the Cantonment Board were vested in the Municipal Corporation of Delhi, which included the function of providing public transport. irr tlre city of Delhi. As a separate wing of the Corporation, the Delhi Transport Undertaking was constituted with a separate budget and separate staff. As the city of Delhi grew, it was. thought advisable to corporatize public transport in Delhi and tlrus tlre Dellri Tfansport Corporation was forrrled as a body c0rporate and it tool< over the functioning of the Dellri 'l'ransport Undertaking. The said Corporation had in place a Contributory Provident 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 contriklution by the Corpclration was creclited in the fr-rnd anc! in the accr-lunt of the employee, wlto needless to state \^/as a nlember of the. Contributory Provident Fu nd. The enn ployees of the C,orporation agitated for long that the pension sclreme of the Governrnent of lrrdia, which was exterrded to l.he rrrunicipal enrployees be also extended to them and in respect o.f whiclr claim they lrad petitioned the Supreme Court, when in the year L992 the Corporation gave an assurance to Lhe Supreme Court that it would introduce a pension scheme for its employees, including the retired enrployees and pursLtant tlrereto issued o'tfice order No.16 rJated 27.L7.IggZ notifying. that a pension s;cheme stood notified which would be operated b), the Life 6 W.P.(C) No.1"4027 /2009 & Cottnected Matters I'age 6 of 27 g n6 Insurance Corporation of lndia (LlC). The office order reads as u rr d er:- "No.Adm-l-5 (4)192 Dated 27.17'92 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- ' L2OLT\TIIBB-TAG dated 23.IL92 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 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 lndia' 4. The Pension Scheme 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 DTC 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 wiih interest in the event of their opting for the Pension Scheme. l-he 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. t W.P.(C) No.L402712009 & Connected Matters PageT of 27 $ A .|} 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 8. A due ancj drawn statement would be prepared in respect of retired enrployees opting for Pension Scheme and tlre amount to be paid/refunded, lvould be worked or-tt by the'concerned unit, wherefrom 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. He shall be deemed to have opted the Pension Schetne BenefiLs. Application forms for exercising clption would be available with the Unit Officers and ali enrployees includirrg retired employees wishing to exdrcise option, should do sc rryithin the Unit'of tlreir present worlcing/where froru thev retired, witlrin a period of 30 clays from the date oF issue of this Office order. The Unit Officers, after receiving the option from the ex-entployees, will take further necessary action for gettirrg the necessary forrns comple'ied, wlrich will be supplied to thern by tire LIC for Pension e.tc. they will also ensure the recovery of EPF and Gratuity from the Ex-ernployees before forwarding their applications as rrientioned above. The cases of all officers will be dealt witlt at l-leadtluarters. Tlre options received frclm the existing ernployees for not opting Pension nray be kept in their Personal file and errtry 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 the Corporation, t-lre employers' slrare received by thdm as ntenrt:ers cf tlre L.ontributory Proyident Fund Scheme together witlr interest W. P. ('::) No.1,4027 / 2009 & Co n n e ctecl M atte rs Page 8 <lf 27 $ ( (vide para 6 of the Scheme). As regards tlre existing employees, it was stated vide pafa 4, that the pension scheme would be compulsory for those who joined service under the Corporation with effect from 23.11 .L992 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 27.7LI992 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 for the pension scheme was always there. 3. Without worlcing out the modalities with the LIC 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 f the pension scheme and who specifically opted to continue tcl be a member of the Contributory Provident Fund Scheme, post haste, the Corporation notified a voluntary retirement scheme on 3.3.1993 contents whereof read as under:- "Sub:- Voluntary Retirement of Employees of Delhi Tra nsport Corporation. The rnatter pertaining to the introduction 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 all regular employees of the corporation i.e. workers and W.P.(C) No.L4027 /2009 & Connected Matters Page 9 of 27 c fr executives who are appointed against regular vacancies in the corporation. Eligibility: An employee 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 purposd, period of deputation/retention of lien in the parent office in lieu of deputation prior to absorption in the regular service'of the Corporation will be excluded. Conditions covering voluntary retirement. (a) Voluntary retirement will be norrnally.allowed only in cases of incumbents of the posts which have been declared surplus or ' redundant. However, ',toluntary 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 t.lris scheme be allowed frorn a date ear'lier than the date of passing the orders. (c) An employee in whose case any disciplinary ' case is pending will not be considered under this scheme until the disposal of the same. 4. An employee wl'to had taken voluntary retirenrent will be eligible to the following refunds/payments:- (a) Balance in his PF Accourrt as per rules of provident fund applicable to hint. (b) Encashnrent of refused leave and accumulatecj earned leave as per rules of the corporation applicable to him as if l're reLi[es under tlre rrorrnal rules of retirernent. 2. ..L 3. .> t'; \lr/. P. (C) No.L4027 I 2009 & Con n ected Nlatte rsj Page LO of 27 tI (c) Gratuity as per payment of gratuity act and gratuity Rules of the corporation applicable to him. (d) Three month notice the individual case as per employment. pay as is applicable in the terms of him/her \ (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 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 India. (g) Pensionary benefits as per office order No.L6 dt.27.XL.92. (Emphasis supplied) All amounts due to the Corporation will be adjusted against the payments under (d) & (e) above and the employee concerned should clear any outstanding dr-res/ad.vances taken before the date of effect of vol r-r nta ry reti rement. Ernployees working on the post of Conductor in the Corporation are proposed to be coverecl under the Voluntary Retirement'Scheme in the first instarice. Such Conductors who are desirous of seelcing voluntary retirement in the proposed Scheme rnay give their option in the prescribed Performa tlrrough proper channel within 15 days to be concerned Unit Officer who will forrryard the same to the Secretary, DTC Board. This issue with the approval of ' competent a uthority. " 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 ltJo.16 dated 27.\I.I992 (vide para a(g) of the VRS Scheme). Page 1.1 of 27 * W.P.(C) No.14027 /2009 & Connected Matters )/a z\ !- 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 hry all employees of the ) Corporation. The officer memorandum dated 16.3.1993 reads as urrder:- "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 seelcing 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. When DTC notified the pension scheme on 2.7 .|L.I99?_, the respondents of w.P.(c) Nos.14027 !2009, ,401/2010, 565 20l-A, 598/2010, 75412.0L0, l-9ct2l20ra, 22'741?.010 (3 in number) and 391912010 specifically opted for tl-re pension scherrre. The respondents of W'P.(C) Nos.423 |2OLO, 7561?010, 83212010, 752120l-0, 793120l-0, '13841207A, 1386/2010 and 2051/2010 did not submit any cptions and hence were to be treated as deemed optees for pension. 7. lt may be noted that the writ petitioners of W.P.(C) Nos.l-63912010 and 1.7291?.01.0 also did not submit any options and hence would be deemed to he optees for pensiort. B. lt may also be noted that the respondent of W.P.(C) No.4906120L0 and the writ petitioner of W.P.(C) No.4689l20I0 subrnitted their options expressly stating that they dc not opt for the pension 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 respondents of all the 'writ petitions No.1639P.A7.A, W.P.(C) No.1729 2010 \ /.P.(c) Nio.l./lo?-7/2009 & connected N4atters year 1993 the except W.P.(C) a nd W. P. (C) t Page L2 of 27 9 ()/' No.3339120L0 and the writ petitioner of W.P.(C) No.468912010 submitted offers under the VRS Scheme afore-noted and requested to be relieved from service. It 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 dpon 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 27.1-L.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) 10. 11. ln the yeai :rgg4, by and urrder 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:- Page t3 of 27 ,t). No.490612070 and the writ petitioner of W.P.(C) No.468912010, having exercised a positive option to continue to be retained as lnembers under tlre Contributory P.rqvideht Fund Scheme, could under no circumstance claim bbnefit under the pension schem e. l-2. W.P.(C) No.t4O27/2009 & Connected Matters 9A "L "lt is also notified for inforrnation of all such employees who opt for VRS that they wou[d not be entitled to join Pension Siheme 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) 1:l " On 23.1,2.Igg4 a nother circu la r was issued extending the right to make offer by all the empioyees pertaining to the VRS Scl'reme notified on 5.1.2.1994. Tlrereafter on 8.5.1995, to a specified category of employees stipulatecl in the scheme were given the option to submit olfers under the Voluntary Retirement Scheme. But there was an express condition therein that these employ.ees would not be entitled to join the pension scheme. 14 . The writ petitioners of W.P.(C) Nos.l-63912010 and ]]72I201A, wlro were tleemed optees under the pension s;cherne, having exercis,ed no option at all pursuant to the rrr:tificartion dated 27.11.1992, submitted offer to be volun[arily r"etired on 4.1.1995 and 1.7.10.1995. To put it in a nut-shell, all employees who are 1.5. ,i.. litigating under the various petitions either as the petitioner or as the respondents, except the two petitioners of W.P.(C) Nos.1639i2010 and 77291'2A10, submitted offer letters to be voluntarily retired under the VRS Scheme notifieS 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.3339120L0, the respondent thereof had retired on 10.7.1991 i.e. before ihe notificatiori clateci 27.1.1..1992 was issued and as regards him, vide para 6, if he did not specificallv opt for the pension scheme within 30 clays of the notificatiort dated 27.11.1992 he would have got no benefit under the pension scheme for the'reason on his W.P.(C) No.I4O27/2009 & Connected N4aLters Page L4 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 L7. parties 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.3339 12010 whose case has to be dealt with de-hors the Voluntary Retirement Schemes. 18. we deal with the grievance of the corporation pertaining to W.P.(C) No.3339|}OLO, the respondent whereof has got benefit from the Central Administrative Triburral, wlrere 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 19. 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 dated 27J-1.I992, ignoring the fact that clause 9 applied to the serving employees of DTC alrd in respect of those ryho had retired prior to the promulgation of the notification dated 27 .1-1.1992, 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 Contributoryr Provident Fund Scheme, vide para 6 of the notification clated 27.11.1992. Incleed, tltis has been so held by a Division Bench of this Court in the decision. dated 16.3.2000 in LPA No.33/1998 OfC Vs-Sn.Saiifrath Bharaav & Ors. which decision has been upheld by the Supreme Court in t\ W.P.(C) No.L4027/2009 & Connected l/latters Page L5 of 27 the decision reported as (2001) 6 SCC 61 DTC Retired Emplovees Association & Ors. Vs. DTC & Ors. Thus, as r-egards W.P.(C) No.333912010 is 20. 21 . concerned, noting that the respondent therein could not be treated as a deemed optee for the pension scheme and having not specifically optefl for the pension scheme and having received all dues payable to him when he retired as per the amourrt. lying to his credit as a member of the Contributory Provident Fund Scheme and obviously he having not opted for the pension scherne and thuts not having returned the managernent'S contributiorr pertaining to him and as credited in l-ris account as a-member of the Contributory Provident Fund Scheme, said respondent vrcluid have no case at all. Thus, W.P.(C) No.3339i2010 is allowed, lmpugned t judgment and orrJer dated 15.1.2010 allowing TA No.1.209 12009 is set aside and TA No.1209l2OOg is dismissed. 22. We take up the case of the petitioners of W.P,(C) Nos.1639/2010 and 1729120L0, who were in service as on 27.I1.1992 and did not submit any option under the notification date d 27.1.1.1992 and hince vide clause 9 thereof would Lre treated as deemed optees for the pension scheme. 7.3. As is noted hereinabove, these two respclndents 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 hatl lapsed and they could seek voluntary 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 4.1.1995 and 17.10.1995. As is notec'l irereinabove both schemes under which theyr applied sglecificaily excluded entitlement for pensir:n inasmuch as lhe tvvo schemes clearly staLed that employees opting for voluntary retirement under the two W.P.(C) No.L40)7 /2009 & ConnecteC Matters Page 16 of