Decided on August 07,2007

Kishan Lal Sehgal Appellant
D.T.C. Respondents


HIMA KOHLI, J. - (1.) THE present writ petition has been filed by the petitioners seeking inter alias directions to the respondent/DTC to grant pensionary benefits to the petitioners as per the scheme of pension dated 27.11.1992, floated by the respondent/DTC.
(2.) BRIEF facts necessary to decide the present case are that the petitioner No. 1 joined the services of respondent/DTC as Conductor on 1.12.1961, petitioner No. 2 joined as Conductor in March 1969 and petitioner No. 3 joined in the capacity of Assistant Cashier on 20.3.1971. The respondent/DTC, issued an office order No. 16 dated 27.11.1992, inviting its employees to opt for the pension scheme which was made effective from 3.8.1981. While the said scheme was made compulsory for all new employees, it was also made applicable to all the existing employees including those who had retired after 3.8.1991. A time period of 30 days from the date of issuance of the above office order was granted for exercising the option under the said pension scheme. The petitioners exercised their right by opting for the scheme within the stipulated period of 30 days, in the month of December, 1992.
(3.) ON 3.3.1993, respondent/DTC notified a Voluntary Retirement Scheme for its employees. The petitioners No. 1 to 3 applied under the aforesaid scheme and were relieved from their duties w.e.f. 31.5.1993, 30.4.1993 and 31.5.1993, respectively. However, they were not paid the share of employer's contribution to the Provident Fund. In April, 2005 the petitioners filed the present writ petition stating inter alias that despite having opted for the said scheme, the respondent/DTC had not paid the pension to the petitioners. On the issue of delay and laches in approaching the Court, it is stated by the counsel for the petitioners that certain litigations were pending with regard to the applicability of the scheme to such of the employees who had opted for voluntary retirement. One such writ petition, being WP (C) No. 4064/1996 entitled Baij Nath Bhargava and Ors. v. DTC was decided on 19.9.1997, wherein it was held that persons who had taken voluntary retirement were entitled to pension.;

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