) t * % IN THE HIGH COURT OF DELHI AT NEW DELHI tudoment Reserved On:'23+ t^Qy. 2070 ludament Delivered On: 70th Auauit 2070 w.P.(c) Z05LI?OLO DTC ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate versus RANDHIR SINGH ..... ResPondent Through: Mr.N.L.Bareja,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 NANDRAIOG, I. For orders, see W.P.(C) No.L402712009. -nv-s*fte'{ (PRADEEP NA${ohntocl JUDGE AUGUST I.O, 2OI.O mm a 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 rD x % I IN THE HIGI-N COURT OF DELHI AT NEW DELHI tudoment Reseried On: 29th lulv. 2070. tudoment DeliYered On: 70th Auaust: 2070 + w.P. (c) L4O27l2OO9" DELH I TRANSPORT CORPORATION Through: Mrs.Avnish ChaudharY, VCTSUS ..... Petitione'r AhlWawat, t\4s.Latika Advocate {;' d MADHU BHUSHANi)fl?: Ms.Kittu w,P.(c) 4o1l2oxo : Through: VCTSUS ' ..... Petitioner Mrs.Avnish Ahlwawat, Ms. Latika Chaudhaiy, Advocate D^i^i AArr D(l)A), /aLl v ' Respondent Page 1 of 27 DTC SUDERSHAN LAL,SHARMA '.." Respondent +. w.P.(c) 565/2OLO DTC Through: ZILE SINGH w:e.(t) No.L4O27 /2009 & Connected Matters ..... Petitioner Mrs.Avnish Ahlwawat, Ms. Latika ,.... Respondent Through: Mr.N.L.Bareja,Adv. rf .f Chaudhary, Advocate VCTSUS ,., iollsPondent + W.P.(c) 598/20L0 D E L H I r R A N s P o -lf,? ffi I ^til?l Av n i s h A h | ;, J;t:' t l'?i ?',,, o ; ChaudharY, Advocate VETSUS + w.P. (cl 7s4/2oL0 . I-\-l-a u. | .u. ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika ' Chaudhary, Advocate VCTSUS JAG SHORAN ,.... ResPondent Through: Ms,Kittu Bajaj, Adv, f , + W.P.(c) L902/2010 {,. 'DTC .... Petitioner Through: Mrs'Avnish Ahlwawat, Ms'Latika ChaudharY, Advocate , VCTSUS sURENDER KUM"?^rounn' Ms.Kiuu ea,;"1,'oleusnondent , + W.P.(C) 22741201.0 DELHI TRANSPORT CORPORATION .-.. Petitioner Through: Mrs.Avnisft Ahlwawat, fvls.Latika versLrs chaudhar"Y' Advocate ,') SH.GURBACHAN l-At.. & oRs. ,.... Respontlerrts Tlrrough: Mr.hi.L.Bareja, Adv. r- W.P.(c) 3919/2010 DELHT TRANSPORT CORPORATION ..... Petitioner i rhrorish u,i:ilij?l il,#?Htr, Ms Latika VCTSUS ' RAJO SAINI i ' W.F'.(C) No.L4O2.7 !2009 & Connecteci Matters Page 2 of 27 i. ..... ResPondeni Through: Ms. Kittl-r Bajaj, adv. :' I \Y + w.P. (c) 423120L0 DELHI TRANSPORT CORPORATION ..... Petitiorrer Through: Mrs.Avnish Ahlwawat, Ms,Latika Chaudhary,'Advocate VETSUS SATYA PRAKASH KHURANA ..... Respondent ' Through: Ms.Kittu Bajaj,'adv. f r *' w.P.(c) 756/201,0 .( DELHI TRANSPORT CORPORATION ....' PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate " VCTSUS SOM DUTT . ResPondent Through: Ms.Deepali GuPta, Ad.v. + ' w.P. (c) 832/20L0 D E LH I r RAN t oo *1f,?ffi l^li?| au n r, r, ild:il,t ?,n il, iuti r.u Chaucihary, Advocate VETSUS SH RAM AWAR SHARMA '.'.. Respondetrt Througtt: Mr.S.N.Sharrna,adv. -f W.P. (Cl 752120L0, D E L H I rRAN s P o -lf:Hfl l^1,|.?| Av n i s h A h | ; " J,".|,' t'fi !'Ju,, ou ChaudharY, Advocate VCTSUS J.L.DHUPAPR .'... ResPondent rhroush: Mi:UffiT", r,ound, Adr,ryya', i W.P.(C) No.L407-7 /2009 & Connected Matters Page 3 of 27 ID ' + w.P. (c) 7s3l2oxo 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) I"384|ZOLO f , r) T r^ ..... Petitioner *' I Through: Mrs.Avnish Ahlwawat, Ms.Latika Clraudhary, Advocate VCTSUS SH.RAJENDER SINGH ."" Respondent I'hrough: Mr.N.L.Bareja, Ad'Y. ' .+ W.P.(c) L386i201-o DELHI .TRANSPCRT CORPORATION .'..' PCtitiONCT Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate , VCTSUS sFl'NANU RAM tn?[[tnn, Mr.N.r-.sareja, rrlT.ottoenl + w.P,(c) 20s1"/203.0 DTC '.... Petitioner 1-hrough: Mrs.Avnish Ahlwawat, Ms.Latika vers,s chaudh'arY', Advccate , RANDHIR SINGH .'... ResPondetrt Thiouglr: tvlr'N'L'Bareja, A.tJv' +- W'P.(c) 4906/20L{) DELHI TRANSPORT CORPORATION PCtitiOIICT .Thro'ugh: Mrs,Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VCTSUS RAMESH CHAt{D.jAiN ..... Respondent l-hrough: ', Mr'N'L-'Bare1a, Adv' w.p.(C) No.1.4027 /20t)9 & Cotinected lVlatters )age 4 of 27 -a4I tq. + w.P.(c) 4689/2010 DEBI SINGH .... Petitioner Through: Ms.Deepali Gupta, Adv. . VCTSU,S DELHI TRANSPORT CORPORATION' ..... Respondent Through: Mrs.Avnish Ahlwawat, Ms,Latika' . Clraudhary, Advocate + ' W.P.(c) L63e lzaLo CHARANJIT BATRA .'Petitioner Through: Ms.Kittu Bajaj, Adv. VCTSUS DELHI TRANSPOROT CORPORATION ..." Resporrdent Through: Mrs,Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate" + W.P. (c) L729l20La CHARAN KAMAL ..'.' PCtitiONCT Through: Ms.Kittu Bajaj, adv. , VETSUS DTC '.... ResPoncient. Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advo.cate l + W.P.(C).3339/20L0 ..... Petitioner D.T.C. Through: Mrs.Avnish Ahlwawat, Ms'Latika Chaudhary, Advocate VCTSUS iKHERll '.... ResPondent . PULAK MUKHERJI Through: Mr.Anrit Kumar, Adv. ' CORAM: htoN'BLE MR. JUSTICE PRADEEP MNDRA.IOG HON'BLF MR.JUSTICE MOOL CHAND GARG 1. Whether the Reporters of local papers may be allclwed to see the'judgment? '2. To be referred to RePorter or not? W.P.(C) No.1402712009 & Connected Matters Page 5 of 27 s T n 3. Whether the judgr:nent should be reported in the Digest? PRADEEP NANDRAJOG, I. - L. With the pro'mulgation of the Delhi Municipal Corporation Act Ig57 aricl the Constitution of the Municipal Corporation of Delhi,.municipal functions in Delhi except NDMC area and the area failing under the jurisdiction of the Cantonment Board werb vested in the Municipal Corporation of Delhi, which included the function of providing public tran,sport in the city of Delhi. As a separate wing of the Corporation, the Delhi Transport Undertaking was constituted with a separate bud,get and separate staff. As the city of Delhi grew, it was thought advisable.to.corporatize public transport in Delhi arrd thi.rs the Dellri Transport Corporation uras formed as a body corporate and it iook over ihe 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 sdlary of the emprloyees and with a matching contributicln by the Corporation was creclited in the funcl and in the accr-ri:nt of the. employee, wlto needless to state was a nrember of the Contributory Proviclent Fund. The enrployees of the Corporation agitatecj for long that'the pension scheme of the' Governnnent of India, which -vvas exterrded to the municipal enrployees be also extended to them and in respect of.whiclr claim they had petitioned the iupreme CoUrt, when in the year Igg2 the Corporation gave an assurance to the Supreme Court that it. would introdLlce'a pension scheme for its employees, including the retired employees and pursLlant tlrereto issued office order No.16 rJated 27:11.1992 notifying that a pension s;cheme stood noiified which would' be operated b1r the L.ife Page 6 of .27 W.P.(C) No.Ia07712009 & Connected Matters \t r ) Insurance Corporation of lndia (LlC). The office order reads as under:-, . "No.Adm-l-5 (4)19'2 Dated 27 .11.92 Sub :lntroduction of Pension Scheme in DTC as applicable to the Central Govt. Employees, . The introduction of Pension Scheme for the employees of the DTC has been sanctioned by the Central Govt. and conveyed by the M.O.S.T. vide letter No.RT- I2019121/BB-TAG dated 23.II.92 as on the same pattern as for the Central Govt. employees subject to the followi ng cond itions:- 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 Emplpyees Conti'ibutory Provident Fund as at present, within 30 days front the date of issue of this O.O. for the implementation of the Pension Scheme a: approved by the Govt. of India. 4. The Pension Scheme would be compulsory fdr all lhe 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 o.perating' 6. The employees who have retired on or after 3'd August 1981 and the existing employees, who. have drawn the employer's share, under the EPF Act, partly or wholly shall have to refund the same with interest in the errent of their opting for the Pension Scheme. 'T-he total amount to be refunded by the reLired 'employees/existing employees would be the amount that would have accrued, had they not withdrawn the employer's share. W.P.(C) No,L4O27/2009 & Connected Matters Fage1 of 27 \" 7 , Excess amount of gratuity,' if already paid to ex- employees and which is not admissible under the Pension Scheme, will have to be refunded by them before any benefit under the Scheme, is granted to them. B. A due ancj 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 fi'om service. 9'.. lf dfl;z of thet ernployee of DTC, who does not exercise any option within 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. lle shail be deemed to have opted the Pension Scheme Benefits . Application 'forms' 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 Unit of theilpresent working/where frortr thev retired, witlrin a period clf 30 clays from the date of issue of this Office order. The Unit Officers, after receiving the option fronn the ex-entployees, will take further necessary action for gettirrg the necessary forrns comple'ied, which will be supplied to them by.tlre LIC for Pension etc' they will also ensure the re(-overy of EPF and Gratqity from the Ex-ernployees before forwarding their applications as mentioned above. The cases of all officers will be: dealt with at l-leaciquarters. The options received from the existing ernployees for not opt.ing Pension may be kept in their Personal file and entry made in their Service Bock' ;1. A perusal of the scheme shows that as retired employees, they h?,i to specifically c;pt pension arrcl had to simultaneously refund to the 'l regards the to be paid Corporation, the employers' slrare received by them aS n'lenrbers cf tlre Contributory Providelrt Fund Schenie together witlr intei-est W.P.(C) No.Ia027 i2009 & Conncctecl Matt-ers Page 8 of 27 \b tii (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 frbm 23.l-1.7992 and as regards the existing serving employees, vide para g, it was stated that those who cjo not submit any option would be deemed to have opted for the. pensi,on scheme. Thus, it is apparent that as regards the existing employees of the Corporation who were still ih service when the office order dated 27.ILl992 was promulgated, if they desired to continue to be the members of the ' Contributory Provident Fund Scheme they had to specifically Say So, for the reaSon, their silence was to be treated as a deemed option to opt for the pension scheme and needless to state their positive option to opt for the pension scheme was alwaYs there. 3. without worlcing 'out the modalities with the Llc to work upon and implement the pension scheme and.without completing the form'alities 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 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 Retiretnent . Schemg are as,under:- 1. ApPlicabilitY: The scheme will be applicable to all regular elnployees of the corporation i.e. workers and t W.P.(C) No.t402712009 & Connected Matters Page 9"of 27 L) (- 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 fqr consideration under the Scheme. For this puipose, 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) Volr-rntary retirement will be normally 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) Voiirntary 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 earlier than the date of passing the orders. An entployee in whose case any disciplinary case is pending will not be considered under this scheme until the disposal of the.same. (c) (a) \li.P.(C) No.1402712009 & Connecied Matters 4. An empioyee whc had taken voluntary retirenrent wili be'eligible to the following refunds/paVrnents:- Balance in his PF Accourrt as per iules cf pru:vident furrd applicable to hint.' (b) Encashnrent of refused accLrmulatecj earned ieave as Per corporbtion applicable to him as if he the norrnal ruies of retirernent. leave. a nd rules of the retires u nder l .i Page IA of 27 { 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 ploym ent. (e) An Ex.Gratia payment equivalent to I-]-l2 month's basic pay plus DA for such complete.d 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) Fensionary benefits as per office onder No"L6 dt.27.LL.92' (Emphasis supplied) All amounts due to the corporatipn will be adjusted against the paymerits r:nder (d) & (e) above and the employee concerned should clear any outstanding , dules/advances taken before the date of effect of volttntarY retirement, . Ernployees working on the post of conductor in the corporation,are proposed to be coveretl under the Voluntary Retirement Scheme in the first instapce. such concluctors who are desirous of seelcing ' voluntary retirement in the proposed scheme lnay give their optiorr.in the prescribed Performa tlrrough proper channel within 15 dayr5 to loe concerned Unit officer who will forr,vard the same'to the secretary, , DTC Boa rd. This 'issue with the approval of competent a uthoritY. " 4. .' Needless to state, the VRS Schelne clearly notified that those who opt for voluntary retirement would be entitled to' pension as per the office order No."16 dated 27'11,1992 (vide para 4,(g) of the VRS Scheme). W.P.(C) No.La027./2009 & Connected Matters .t Page L'J. of 27 \ <)/' ' 5. Soon thereafter 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 under:- ' "Now, it has been decided.i:o cover all the employees of the Corporation under the proposed Voluntary Retirement Scheme. Such employees who are desirous of seeking voluntary retirement in'the proposed scheme rnay give their option in the prescribed proforma through proper channel within 15 days to the concerned Unit Officers, who will forward the same to the Secretary, DTC Board." 6. \A/hen DTC notified the pension schenre o n ?-7 .Il.I99?-, the respondents of W.P.(C) Nos.14027l?-049, AOI ?-OIA, 565/2.010, 598i201.0, 75412.070, Ig02l207O; ?2'7412010 (3 in nur.nber) and 397912010 sp€cifically opted for the pension scherre, The respondents of W'P'(C) N os.42 312Ol-O , 7 561?0]-A , B32l2Ol0 , 7 5212070 , 7 93l2OI0 , 7384nA10, 1386/2C)10 and 205112010 did not submit any cptions and hence were to be treaied as deerned optees for pension. 7. tt may be noted that the writ petitioner-s of \ /.P.(C)' Nos..163912010 and .t /2912010 also did not submit any options and hence would be cleerned to lce optees for pensiotr. B. lt may also be noted that the respondeni of W'P.(C) No.490612010 and. the writ petitioner of w.P.(c) N0.468912010 submitted their options expressly stating that they dc not opt for the pertsion scheme, meaning.th.ereby, they indicated positively that they woulcl lil<e io continue [o be mernbers of the Contriburory Provident Furnd Scheme. g. on differerit dates, but all in the year 1993 the respondents of ' all the writ petitions except W'P.(C) No.1639ftA7.0, \'V.P.(C) No.1729 2010 and W'P'(C) W.P.(C) No.1402-//2009 & Connected N4atters t Page 12 of 27 ,2 No.333912010 and the writ petitioner of W.P.(C) No.46B9l20I0 submitted offers under the VRS Scheme afore-noted and reouested to be relieved from service. 10. It is thus apparent that if request for voluntary retirement was accepted, t!" 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 Plovident Fund Scheme. ' We say so for the reason, pertaining to the existing employees, the pension scheme notified on 2.7.!7.Igg2 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 specificalty 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 respon'dent of W,P.(C) f e 11. 12. No.490612070 and the writ petitioner: of W.P.(C) No.4689120]-0, having exercised a positive option to continue tp be retained as members under tlre Contributory Provident Fund Sclreme, could under no circumstance claim benefit under the pension scheme. In the year 1994, 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 Voluntarlr Retirement by submitting letters of offer. The scheme.notified stated that all terms'as per the VRS Scheme dated 3.:.fgg: would apply. But, the said notification expressly stipulated the following condition:- Page L3 o.f 27 W.P.(C) No.14027/2009 & Connected Matters 9L " Nt is also notified for lnformation of all such employees who opt for VR,S that they would not be entltled 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.!2.1994 anether circular wa.s issued extendi'ng the right' to' make 'offer by all .the empioyees pertaining to the VRS Scl'reme. notified on 5.L2.1994. Thereafter on B 5.1995, to a specified category of'errtployees stipcrlated in the scheme were given the option to subrmit offers under the V.oluntary Retirement Scheme. But tl'ier'e was an express condition therein that these employees would not be entitled io jgin the pension scheme. ; 14. The writ petitioners of W,P.(C) Nos.163912010 and 172912010, who were deemed optees under the pension s;cherne, having exercisecl no optibn at all pursuant to the notifi,cation date d 27.11.1992, submitted offer to be volttntariiy retired on 4.1.1995 and 17.10.1995. 15. -fo put it in a nut-shell, all employees who are litigating under the various petitions either as the petit!oner or as the respondehts, except the two petitioners of W.P.(C) Nos.1639/2010 and J.72912070, submitted offer letters to be voluntarily retired under the lRS 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.3339120L0, the respondent thereof . had retired" on IA.7.1991-,i.e. before the notificatioh ciatecl 27.LJ..Lgg2 was issued and as regards him, vide pa ra 6, if he did not specificallV opt for, the pension scheme rruithin 30 days of Lhe notification date cJ 27.11.1992 he rlrould have got no benefit under the 'pensicn scheme for the reason on his W.P.(C) No.1-4O27i2009 & Ccrnnected N4atters ?age 1-4'of 27 t\ (" ,-\ ietirement 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 managernent's contribution credited to his account under the Contributory Provident Fund Scheme. 17, Thus, we can conveniently segregate the litigating 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 I2OI1O whose case has to be dealt with de-hors the Voluntary Retirement Schemes. We deal with the grievance of the Corporation. 18. pertaining to W.P.(C) No.3339 20L0, the respondent whereof has got benefit from'the Central Administrative -[ribunal, .where vide order dated 15.1.,2010 his claim has been allowed by holding that he is a deemed optee for pension as per the oension scheme notified on 2l .Il-I992 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 PQnsion scheme dateci 27 'rrj-,gg2, ignor:ing th9 fact that clause 9 applied to the serving employees of DTC and in respect of those who had retired p1ior to the promulgation. of the notification dated 27.!1.1992, were required to exercise a positive option to be given pension with conco.mitant act of refunding.the management's share'received by them under the Contributoryr Provident Fund Scheme, vide para 6 of the notification clate d 27.11.1992. Indeed,' tlris has been so lreld by a Division Bench of this Court. in the decision ciated 16.3.2000 in LPA No.33/1998 UC Vs. Sp.B-aJingltr-Enarc-Qv--e. Ors. which decision has been upheld by the Supreme Ctlu.rt in W.P.(C) No.L4O27/2009 & Connected Matters Page 15 of 27 {t -a /* the decision reporfed as (2001) 6 SCC 61 DTC Retired Emplo.vees Association & Ors. Vs. DTC & Ors. 20. Thus, as regards W.P.(C) No.333912010 is concerned, noting that the respondent therein coulcl not be treated as a deemed optee for the pension scheme and having not specifically opted for the pension scheme and having received all dLres payable to him when he retired as per the amount lying to his credit as a member of the Contributory Prorrident Fund Scheme and obviously he having not opted for the pension scheme and thr-rs not having returned the managernent's contribution pertaining to him ancl as.creditecJ. in his account as a member of the Contributory Provident Fund, Scheme, sai,C resporrdent vuould have no case at ali. 27.. Thus, W.P.(C) No.333912010 is allowed. l.mpugned judg ment a nd orcier dated 15- 1.2010 a llowing TA No.120912009 is set aside and TA No.120912009 is dismissed, 22. We take up the case of the petitioners of W.P,(C) Nos. 1639120]10 and ],72g2l10, who were in service as on 27.IL.I992 and did not submit any option under the notification date d 27.1.1.1992 and hence vide clause 9 thereof would be tieated as deemecl 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 resp'ectively. lt is further to be noted that by then the voluntary retirement schemes notified earlier h'ad 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 ncltified prior to the