lD )r % IN THE HIGH COURT OF DELHI w.P.(c) 4oLl2oLo DTC Through: Mrs.Avnish Ahlwawat, Chaudhary, Advocate VCTSUS ..,.. Petitioner Ms. Latika -^"--t{t (PRADEEP NANDRAJOG) JUDGE SUDERSHAN LAL SHARMA ."., Respondent Through: Ms.Rekha Aggarwal, Mr.D.S.Kauntae, Advs. v*' t'fffrHiE MR. JUsrtcE 'RADEE' NANDRAJ'G HON',BLE MR. TUSTICE 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 NANDRAIO For orders, see W.P.(C) No.1402712009. fr.-, '-t'- AUGUST I.O, 2OI.O mm AT NEW ment R n: 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\ * o |NTHEH|GHcoURToFDELI.|IATNEWDE|.I.|[ Iudoment Reserved On: 29th lulv 2079, tudament Delivered On: 70tn Auoust. 2070 -{ + W.P.(c) L4o27lza0g DELH I TRANSPORT CORPORATION Through: Mrs'Avnish VCTSUS Chaudhary, MADHU BHUSHAN ANAND Through: w.P.(c) +oLlzoLo DTC ..... Petitioner Ahlwawat, Ms.Latika Advocate ..... RespondenL Ms.Kittu Bajaj, Adv' ..... Petitioner Ms. Latika ..... Respondent Mr.D.S.Kauhtae, + Through: Mrs.Avnish Ahlwawat, ChaudharY, Advocate VCTSUS SUDERSHAN LAL SHARMA Through: Ms'Rekha Aggarwal, Advs. -{ + ..... Petitioner Ahlwawat, Ms. Latika Advocate VCTSUS SURESH CHANDER "'. ResPondent Through: Mr.S.N.Sharma,Adv. -t' w.P.(c) s98/2OL0 DELHI TRANSPORT CORPORATION ... PctitiONCft Through: Mrs.Avnish Ahlwawat, Ms.Latika VETSUS Chaudhary, Advocate ZILE SINGH M r. N . L. B a reja, A;;l"toondent Through: w.P.(c) s65/2O1O DTC rhrough: Mrs.Avnish Chaudhary, W.P.(C) No.t4O27/2009 & Connected Matters Page L of 27 .a' ( ,tl -t- w.P. (C) 7s4l2oL0 D.T.C. ""' Petitioner Through: Mrs,Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate VETS,US JAG SHORAN ""' ResPondent r Through: Ms'Kittu Bajaj' Adv' +- W.P.(c) 1902lzoLo D-l-C "" Petitioner Through: Mrs.Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate VCTSUS SURENDER KUMAR ""' ResPondent Through: Ms.Kittu Bajaj, Adv' -! 'W.P'(C) 2274t20LA {, DF:LHI TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, fvls'Latika ChaudharY, Advocate VCTSLIS Sl{.GURBACHAN l-AL. & ORS. ""' Responderrt-s Through: Mr.l{.L.Bareja, Adv. ;r- W.P.(C) 39L9/20X.0 : DELHI TRAT,ISPORT CORPORA'TION ..... PCtitiONCT Throrigh: Mrs.Avnish Ahlwawai, Ms.Latika Clraudhary, Advocate, VCTSUS RAJO SAIN nla wivr.,,D- .. Respondent Tl"rrough: Ms. Kittu Bajaj, adv. Page 2 of 27 W.P.(C) No.L4O2"7/2009 & Connected Matters' \< a v r- w.P.(C) 423|2ALO DELHI TRANSPORT CORPORATION """ Petitioner Through: Mrs.Avnish Ahlwaurat, 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 ChaudharY, Advocate VCTSUS SOM DUTT ""' ResPondent Through: Ms.DeePali GuPta, Adv. + W.P.(c) 832/20L0 DELHI TRANSPORT CORPORATION .... PCtitiONET Through: Mrs,Avnish Ahlwawat, lt/ls'Latika Cha r,rcj h a ry, Advocate VETSUS SH RAM AWAR SHARMA .''. RCSPO dCITT Througlr: Mr.S.N.Sharma,adv. -f W.P. (Cl 75212010 DEI-HI TRANSPORT CORPORATION .... PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms.Latika ' Chaudhary, Advocate VCTSUS J.L.DHUPAPR .'.'. ResPondent Througlr: Mr.Narottam VYas, . Mr.Vikramjeet Sikand, Adl's' W.P.(C) No.L4027 /2009 & Connected Matters Page 3 of 27 \q +- w.P.(c) 793/20L0 DELHI TRANSPORT CORPORATION '...' PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms.Latika . ChaudharY, Advocate VCTSUS BFIAGWATI PRASAD ..... Respondent Thr"ough: Ms.Kittu Bajaj, Adv. -t--.r + W.p.(C) 1384|2OLO .... Petitioner D'T'C' Through: Mrs.Avnish Ahlwawat, Ms.Latika ' ChaudharY, Advocate VCTSUS SH.RAJENDER SINGH '... Responclent T-hrough: Mr.N.L.Bareja, Ad';' + W.P.(C) 1386/2010 DELHI RANSPORT CORPORATION ....' PCtitiONCT -l-hrough: N4rs.Avnish Ahlwawat, Ms.Latilca ChaudharY, Advocate . VCTSUS + SLI.NANU RA[4 SHARMA .."' Respondent Through: Mr.N.L.Bareja,Adv. + W.P.(c) 205L lzal$ DTC .". Petitioner -l-hrough: Mrs.Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate VCTSLIS RANDI-||R SINGH .,... ResPondent .Througlr: Mr.N.L.Bareja, A.dv. i- W"P.(C) 4906l2AT$ DELHI TRANSPORT CORPORATION ... Petitiorter Througlr: Mrs.Avnish Ahlwawat, Ms.Latika ' ChaudharY, Advocate VETSLIS RAMESH CHAND jAiN ....' RespondenL -l-hrough: Mr.N.L..Barela, Adv. W.P.(C) ino.1ll027 /2009 & Cotinected Mlatters \ Page 4 of 27 \J +- w.P.(c) 4689l2O!"O DEBI SINGH '..'. Petitioner Through: Ms.DeePali GuPta, Adv'.' VCTSUS DELHI TRANSPORT CORPORATION :.... Respondent Through: Mrs.Avnish Ahlwawat,,lvls'Latika Chaudharv,.Advocate +. w.P.(c) L639/2010 CHARANJIT BATRA '.." Petitioner Through: Ms.Kittu Bajaj, Adv. VCTSUS' DEL.HI TRANSPOROT CORPORATION '... Respondent Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate + W.P.(c) L729l2alo CHARAN KAMAL ...'' PCtitiONCT ThrouEh: Ms.Kittu Bajaj, adv. VCTSUS DTC ..... iesPondent Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate + W.P.(C) 3339/20L0 D.T.C. ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advclcate VCTSUS PULAK MUKHERjI ..... ResPondent . Through: Mr.Anrit Kumar, Adv. CORAM; !-toN'BLE MR. JUSTICE PRADEEF wANDRA.IOG HON',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.lr.(C) No.t4O27 /2009 & Connected Matters ' Page 5 of 27 '. \6 $ -i 3. Whetfrer the judgnnent should be reported in the Digest? PRADEEP NANDRAIOG, I.. 1." with the promulgation of the Delhi Municipal Corporation Act Ig57 arrd the Constitution of the Municipal Corporation of Delhi, ffiunicipal functions in Delhi except NDMC area and the area fallirrg under the jurisdiction of the cantonment goard' 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 s[aff. As the city of Delhi,grew, it was thoi-rght advisable.to corporalize public transport in Delhi and thus the Dellri Transpcrt Corporation was formed as a body corporate and it took over the functioning of the Dellri -l-ransport Undertaking. The said Corporation had in place a Contributory ProvicJent Fund Scheme for its employees and needless to state each lnonth a fix amount was deducted fl'om tfre salary of the emprloyees ancl with a matching contrihrution by the Corpclration was creclited in the funcl and'in the accr-rr:nt of the employee, wl-lo needless to state \^/as a riiemtrer of the Contributory Provident Fu nd. The em ployees of the Corporation agltatecj for long that the pension scheme of the Gclvernrnent of lrrdia, which was extended to the mrinicipal employees be also extended to them and in respect of which claim they had petitioned the Supreme Court, when in the year L992 the Corporation gave an assurance to Lhe Supreme Court tlrat it would introdllce a pension scheme for its employees, inclr-rding the retired enrployees and pursLlant tlrereto issued office orrJer No.16 dated 27.I1.1992 notifying that a pension s;cheme stood notified which would be'operated by the Life ''rf, W.P.(C) Na.1"402712009 & Connected Matters Page 6 of 27 \? .\\i Insurance Corporation of India (LlC). The office order reads as under:- "No.Adm-l-5 (4)192 Dated 27.LI.92 Sub :lntroduction 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- L2OL\\2!IBB-TAG dated 23.1L92 as on the sa me pattern as for the central Govt. employees subject to the followi ng condi,tjons:- 1. The pension scheme would be operated by the LIC on behalf of DTC 2. The date of e'tfect 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 front the date of issue of this O.O. for the implementation of the Pension Scheme as approved by the Govt. qf 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 A/c 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 wholl/.shall have to refund the same with interest in the errent of their opting for the Pensi.on Scheme. ]-he total amoUnt to be refunded by ihe reLired employees/existing employees would be the amount that would have accrued, had they not withdrawn the employer's share. ,t W.P.(C) No.t402712009 & Connected Matters PageT of 27 rK {( II a IV 7. Excess amount of gratuity, if alleady paid to ex- employees and which is not admissible under the Pension Scheme, will have to be refunded by them betore any benefit under the Scheme, is granted.to them. 1 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, 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 clays 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 clption would be available with the Upit Officers and ali enrployees includirrg retired employees wishing to exercise option, should do sc rryithin the Unit of their present worl<ing/where 1'rortt they retired, witlrin a period c;f 30 clays from the date of issue of this Office order' The Un.it Officers, after receiving the option fronn the ex-enrployees, will take further necessary action for geLtirrg the necessary forrns completed, which will be supplied to them by the LIC for Pension etc. they will also ensure the recovery of EPF and Gratuity from the Ex-ernployees before forwarding their applications as n-rentioned above. The cases of all officers will be dealt witlr at l-leadquarters. Tlre options received from the existing ernployees for not opting Pension n'tay be kept in their Pet'sonal file and errtry made in their Service Bock." ' ;1. A perusal of the scheme shows that as regards the re[ired employees, they hacl to specifically opt to be paid pension arrd had to simultaneousiy refund to the Corporation, the employers' slrare received by them as n'iembers of tlre, Contributory Providerrt Fund Scheme together witlr i'nterest i, W.P.(C) No.1,4027 /2009 {i Connectecl Matters Page 8 of 27 \ v ( t (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.LLI992 and as regards the existing serving employees, vide para 9, it was stated that those who rjo 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,!1.l-992 was promulgated, if they desired to continue to be th'e members of the Contributory Provident Fund Scheme they had to specifically Say so, for the reason, their silehce 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 worl< 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 pensiorr scheme and who specifically opted to.continue to be a member of the Contributory Provident Fund Scheme, post haste, the Corporation notified a voluntary retirerpent scheme on 3.3.1993 contents whereof read as under:- "Sub:- Voluntary Retirement of Employees of Delhi Transport Corporation The rnatter pertaining to the iritroduction 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 regul'ar ernployees of the corporation i.e. workers and W.P.(C) No.L4O27 /2009 & Connected Matters 3 Page 9 of 27 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 completed 40 years of age to qualify for consideration under the Scheme' For this purpose, period of deputationiretention 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) Voluintary reLirement will be normal!y allowed only in cases of incumbents of the posts which have been declared surplus 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. (b) 'Voiuntary retirement cannot be claimed bv 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. ear'lier than the date of passing the orders. (c) An entployee in whose case any disciplinary case is pending will not be considered under this scheme until the disposal of the same. 4. An employee vufto had taken voluntary retirenrent will be eligible to the following refunds/payrnents:- (a) Balance in his PF Accourrt as per rules of provident furrd applicable to hint. (b) Encashment of refused leave and accumulatecj earned leave as per rules of the corporation applicable to him as if l're retires under the rrorrna'l rr-rles of retirernent. 3 \A/.P.(C) No.1,4027/2009 & Connected Matters Page IA of 27 a^ (c) Gratuity as per payment of gratuity act bnd 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 employment. (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 normal datb of retirement. (f) Expenses for travelling for the entitled class for the employee and his/her family comprising his/her spouse and depenrCent 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.J-6 dt.27.X"L.92. (Emphasis supplied) All amounts due to the Corporation will be adjusted against the payments ltnder (d) & (e) above and the employee concerned should clear any outstanding dues/advances taken before the date of effect of voluntary retirement. Employees worlcing on the post of Conductor in the Corporation are proposed to be covered under the Voluntary Retirement Sclreme in the first instance. Such Conductors who are desirous of seelcing voluntary retirement in the proposed Scheme rnay give their option in the prescribed Performa through proper channel within 15 da;r5 to be concerned Unit Officer who will forward the same to the Secretary, DTC Board. This issue with a uthority." the approval of competent 4. Needless to state, the VRS Scheme clearly notified that those who opt for voluntary retirement would be entitled to pension as pel the office order No.16 dated 27.11-.1992 (vide para a(g) of the VRS Scheme). Page 1.1. of 27 a, W.P.(C) No.1"4027/2009 & Connected Matters lr I 5. Soon thereafter vide 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 utrder:- "Now, it has been decided to correr all the employees of the Corporatiorr 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 cQncerned unit officers, who will.forward . the same to the SecretarY, DTC Board " 6. When DTC notified the pension scheme on ?7 .IL.Igg2, the respondents of W.P.(C) Nos. \4027 n0A9: 40u2010, 565/2010, 598/2010, 754120L0, 1902/2010, 22741?.010 (3 in number) and 391912010 specifically opted for tl-re pension scherne. The respondents of W'P'(C) Nos.423 |TOLO, 7561?010, 83217-0l-0, 752l2OlO, 7931201'0, 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 \A/.P.(C) Nos.L639l2010 and -1.7291201.0 also did not submit anv options and hence would be deerned to hre optees for pension. B. lt may also be noted that the respondent of W.P.(C) No.4906120L0 and the writ petitioner of W.P.(C) No.468912070 submitted their options expressly stating that they do not opt for the pension scheme, mqaning thereby, they indicated pcsitively that they would lil<e to continue to be members of the Contributory Provident Fund Scheme. 9. On differerit dates, but all in the year 1993 the responc.lents of ali' the writ petidions except W.P'(C) No.1639 2AJ.A, W.P.(C) No.1729 120t0 anci W.P,(C) w.p.(C) No.1.4027 /2009 & Connected N4atters Page Lv of 27 I a ,ryil { No.3339 l20LO and the writ petitioner of W.P.(C) No'4689120l-0 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 accepied, 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 so for the reason, pertaining to the existing employees,. the pension scheme notified on 27.LI.1-992 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 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) I1. No.4906120L0 and the writ petitioner of W.P.(C) N9.468912010, harring exercised a positive option to continue to be retained as members under the Contributory Provident Fund Sclreme, could under no circumstance claim beneFit under the pension scheme. 12. ln the year 1994, by and under a notification dated 5.72.1994., all employees of the Corporation except Officers, Traffic Supervisors, Tls, ATls, Vehicle Examiners ancl Drivers, were given another chance to opt for Voluntary Retirement by submitting letters of offer. The scheme notified statecl 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.1,4027 /2009 & Connected Matters Page L3 of 27 "B ,f, t " lt is also notified for infonmation of all such en'lployees who opt for VR,S that they woll[d not be entitled to join Fension 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) 1:1" On 23.I2.Igg4 another circular was issued extending the right to make offer by all the empioyees pertaining to the VRS Scheme notified on 5.1.2.1994. Thereafter on 8.5.1995, to a specified category of employees stipulatecl 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. The writ petitic;ners of W.P.(C) Nos.763912010 and trl LI L4. 1,5. I'729120LA, who were deemed optees under the pension scherne, having exercised no option at all pursuant to.the notification date d 27.11.1992, submitted offer to. be volttntarily retired on 4.1.1995 and 1.7.10.1995. -fo 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 petitionqrs of W.P.(C) Nos.1639/2010 and 1779f2}l-0, 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 time 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 2-7.7.7..1-992 was issued and as regards him, vide para 6, if he did not specificallv opt for the pension scheme within 30 days of Lhe notification datecl 27.11.1992 he would have got no benefit under the pensir:n scheme for the rea$on on his W.P.(C) No.3,4027 /2009 & Connected N4atters Page t4 of 27 ,t A retirement he was paid over the dud i.e' the amount to his credit ulnder the Contr;ibutory 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' L7. 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 l20l1} whose case ha's to be dealt with de-hors the Voluntary Retirement Schemes' 18. we deal with the grievance of , the corporation pertainir\g to W.P.(C) No.333912OLO, the respondent whereof lras got benefit from.the central AdministraLive Tribunal, i' where vide order dated 15.1..2010'his claim has been allowed by hotding that he is a deemed optee for pension as per the pension scheme notified on 27 .LL.Ii72 No discernable reasons are fdrthcoming from the q 19. decision of the T'ribunal save and except that the Tribunal has treated his entitlement in terms of clause 9 of the perrsion scheme dated 21 J-l.1992, ignoring the fact that clause 9 rt applied to the serving employees of DTC atrcl ih respect of those who hacl retired prior to the promulgation of the notification dated 27.]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 theContributoryrProvidentFundScheme,videpara6ofthe notification clated 27.11.1992. Indeed,.this has been"so lreld by a Division Bench of this Court in the decision dated 16.3.2000 in LPA No.33/1998 DIS lS'-Sn-EatinelLBhSrqav & Ors. which decision ttas.been upheld by the Supreme Ct:urt in W.P.(C) No.Ia027/2009 & Connected Matters Page L5 of 2i 1, { the decision reported as (2001) 6 SCC 61 DTC Retired 20. Thus, as regards W,P.(C) No.333912010 is concerned, noting that the respondent therdin could not be treal-ecJ as a deemed optee tor the pension scheme and having not specifically opted for the pension scheme and having' received all dues payable to him when he retired as pef the amount lyirrg to his credit as a member of the Contributory Provident Fund Scheme and obviously he having not opted for the pension scherne and thus not having returned the managernent's contribution pertaining to him and As credited in his account as a.member of the Corrtributory Provident Fund Scheme, said respondenL wouid have no case at all' 21.. Thus, W.P.(C) No.333912010 is allowed' lmpugned judgment and order dated 15.1.2010 allowing TA t\Io.1209 l2OO9 is set aside and TA No,1209/2009 is dismissed.' 22. We take up the case of the petitioners of W'P'(C) Nos.1639i2010 and 172912010, who were in service as on 27.1-1.1992 and did not surbmit any option under the notificaLion dated 27.1.1.1992 and hence vide clause 9 thereof would be treated as deemecl optees for the pension scheme. As is noted hereinabove, these two respondents If ?3. applied to ile volunl-arily reLired by submitting offers on 4.1.1995 and 17.10.1995 respectively. lt is further to 6e noted that by then the voluntary retirenrent schemes notified earlier had lapsed and they could seek voluntary retirernent as per the scherne notified on 23.I2.Lgg4 and 8.5.1995 respectively i.e. tlre VRS Schemes notified prior to the dates 4,1.1995 and 17.I0.1995. As is noted irereinabove both ,schemes under wl^rich the5r applied specifica!ly excludecl entitlement for pension inasmuch aS the tvvo schemes clearly stated that employees opting for voluntary retiretnent under the two .Vs.DTC&O W.P.(C) No.I4O?-7 /2009 & ConnecteC Matters ijage 16 of 27 I schemes would not be entitled to pension; and as regards the other terms and conditions it was mentioned that the same would be as per the scheme notified on 3,3.1993. 24. It is apparent that the terms of the VRS Scheme notified on 3.3.1993 are