LAWS(DLH)-2011-2-572

NARESH KUMAR Vs. BSES RAJDHANI POWER LTD.

Decided On February 14, 2011
NARESH KUMAR Appellant
V/S
BSES RAJDHANI POWER LTD. Respondents

JUDGEMENT

(1.) THE Petitioner joined the service of Delhi Vidyut Board on October 18, 1984. However, on July 01, 2002, Delhi Vidyut Board ceased to exist and in its place, Respondent came into existence. Hence, the service of the Petitioner was transferred to the Respondent. On December 18, 2003, the Respondent came out with a Scheme known as "Special Voluntary Retirement Scheme - 2003". It was applicable to all regular employees who had completed 10 years of service from the date of joining Delhi Vidyut Board or had attained the age of 40 years. The Scheme provided for certain special benefits and early bird incentive, but in so far as the pension is concerned, it provided that the pension shall be admissible as per Rules payable by DVB Pension Trust.

(2.) IT is not disputed by the Petitioner that under the DVB Pension Rules, an employee became admissible for pension only after rendering 20 years of regular service. It is also not disputed by the Petitioner that on the date he applied for retirement under the Scheme, he had completed 19 years but not 20 years of service. Despite this admitted position, the Petitioner is praying for pensionary benefits as are admissible to those employees who have completed 20 years of service. Alternatively, he says that his voluntary retirement be cancelled.

(3.) THERE is no merit in the writ -petition. The same is dismissed.