PRABHA SHARMA Vs. HONBLE LT GOVERNOR GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) BY virtue of the present OA, the applicant seeks her pensionary benefits with 18% interest.

(2.) The applicant was lastly promoted as a Reader w.e.f. 1.12.1996. As per amendment carried out by the Govt. of NCT on 21.7.1997 under Clause �C� of Section 16 of Tibbia College Act, 1952, �fund-cum-pension-cum-gratuity� was approved for the employees of Tibbia College. There was contributory fund of the Board to which every employee, who has completed more than 3 years service and whose pay is chargeable to regular establishment, was required to subscribe an equal amount, which shall be contributed by the Board. However, this CPF was transferred to the Employees Provident Fund Commissioner w.e.f. 1.4.1982. In the year 1995, EPF came into force w.e.f. 16.11.1995. As Tibbia College was taken over by the Govt. of NCT of Delhi w.e.f. 1.5.1998, the management of college was transferred to and vests absolutely in the Govt. Section 7 of Tibbia College Take-over Act, 1997 provides in relation to the employees, who were in service on 1.5.1998 to hold the office in the Govt. with the same right and privileges as to the pension and gratuity. A sum of Rs. 247/- PM on account of pension received by the applicant under EPF Scheme, 1995, which she has refunded by a sum of Rs. 33926/- to the Regional Provident Fund Commissioner, Delhi vide her letter dated 5.1.2004. A sum of Rs. 187491/- was received by the applicant as leave encashment. On representation to finalize the pension and retrial benefits, no satisfactory reply has come forth.

(3.) LEARNED Counsel for applicant states that the case of the applicant, in all fours, is covered by the above ratio.