LAWS(DLH)-2010-5-312

SMT. SHAKUNTALA Vs. DELHI TRANSPORT CORPORATION

Decided On May 21, 2010
Smt. Shakuntala Appellant
V/S
DELHI TRANSPORT CORPORATION Respondents

JUDGEMENT

(1.) THE petitioner, widow of deceased employee of the respondent has challenged the order dated 28th October, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in T.A.No.1369 of 2009, titled as 'Smt. Shakuntala v. Delhi Transport Corporation', dismissing her petition seeking release of retiral benefits/pension from the day of the demise of her husband along with interest @ 18% per annum.

(2.) THE husband of the petitioner was a mechanic and had died in 1984. The respondent had introduced a pension Scheme on 27th November, 1992. Retiral dues as per prevalent rules i.e. EPF, Gratuity etc. had been paid to the legal heir of deceased employee and employment was also given to his elder son on compassionate ground.

(3.) DISMISSING the petition, the Tribunal has noted that under the Scheme of 27th November, 1992, the retirees were required to exercise their option within thirty days. The period for exercising the option had also been extended twice till 1993. The respondent had also contended that since no option was exercised by the petitioner, the benefit of the Pension Scheme could not be extended to her and relied upon the decision of the Supreme Court in 'DTC Retired Employees Association & others vs. D.T.C., : (2001) 6 SCC 61'.