R.D. GUPTA Vs. D.T.C.

JUDGEMENT

(1.) The present Letters Patent Appeal raises a repugnancy in view of several decisions of this court in which it appears conflicting views have been expressed. Fortunately for us the blur and indistinctness has been cleared by a detailed judgment dated 10 th August, 2010 in W.P.(C) No. 14027/2009 in DTC Vs. Madhu Bhushan Anand, reported in 2010 (172) DLT 668, wherein several judgments on the subject have been examined and dealt with but there are some aspects on which we find that repugnancy still exists. Before we advert to facts of this particular appeal, background relating to filing of present appeal may be noticed.

(2.) Delhi Transport Corporation (DTC) employees were governed by Contributory Provident Fund scheme. The employees had filed a writ petition before the Supreme Court seeking direction against DTC for introduction of pension scheme. Pursuant to assurance given by the DTC before the Supreme Court an Office Order No.16 dated 27 th November, 1992 was issued. The said office order reads as under :

(3.) The pension scheme was to be operated by the Life Insurance Corporation on behalf of DTC. The pension scheme however, could not be implemented for various reasons with which we are not concerned. Ultimately, the pension scheme became operational only in 1995.