Suit No. 49/10 plaintiff seeking mandatory Injunction against the Defendants for release of arrears of his salary and pension and other terminal benefits. Brief Background: 2 On 01.07.2002, the Delhi Vidyut Board ("DVB" in short and successor of Delhi Electricity Supply Undertaking) was unbundled to give room to several smaller distribution companies for the purpose of distribution of electricity within Delhi. The exercise was carried out for the purpose of privatizing the activity of supply of electricity, which activity was hitherto being carried out by DVB. 3 This entire exercise was preceded by passing of Delhi Electricity Reforms Act 2000 (hereinafter the Act) which came into force on 08.03.2001. Under Section 15 of the Act there was a provision made for preparation of transfer scheme for transferring the existing generation, transmission and distribution system or part thereof to any company. Under such scheme, the property interests, assets and liabilities could be transferred to the companies which were to take up the responsibility of generation, transmission and distribution of electricity or any one of these functions. Under Section 16 of the Act, the transfer scheme(s) could also provide for transfer of personnel from DVB to any of the companies provided the terms and conditions of service applicable to them were not less favourable to them then those applicable before the transfer. The benefits of service already accrued before transfer had to be recognized and protected. (See Judgment dated 03.05.2010 passed by the Hon'ble Supreme Court of India in North Delhi Power Ltd. Vs. Govt. Of NCT of Delhi & Ors. CA No. 4269/06 (hereinafter referred to as NDPL II decision)) 4 Accordingly, a transfer scheme called Delhi Electricity Reforms Ranveer Singh Vs. BSES & Ors Page 2 of 35 Suit No. 49/10 (Transfer Scheme) Rules 2001 came into existence (hereinafter referred to as "the Scheme"). There was some apprehension shown by the employees of the erstwhile Delhi Vidyut Board qua protection of their service, hence a tripartite agreement was executed on 28.10.2000 and 09.11.2000 between the Govt. of NCT of Delhi (GNCTD), DVB and DVB Joint Action Committee. After the Act and the Scheme came in place, the Request For Qualification (RFQ) document was floated on 15.02.2001. The RFQ, providing the manner of privatization, specifically and expressly provided that "DVB was being offered to private companies as ongoing concern on business valuation method" and entailed transfer of the past, future and present liabilities including those of existing employees as well as the retirees. Even the details of the employees as on 01.01.2000 was provided. The DVB ultimately unbundled into 6 companies. See NDPL II decision (Supra). The Defendant No. 1 before me is one of the transferee companies which has taken up the distribution work, earlier carried out by DVB, in a part of Delhi. Brief Averments culled out from the pleadings: Plaintiff's case as per Plaint: 5 Plaintiff was employed with the BSES, the Defendant No.1 herein on the post of Driver. He remained sick from 21.07.2005 to 02.07.2006 and he was not in a position to resume work and accordingly moved an application seeking voluntary retirement from service (hereinafter referred to as "VRS") under Rule 48A of CCS (Pension) Rules, by moving an application. His application was accepted by the defendant no. 1 on 26.08.2006. 6 On 07.08.2007, plaintiff moved an application before the defendant no. 1 for his arrears of salary and again on 13.12.2007 for arrears of pension but the requests were not entertained. On 10.08