PHOOL SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) This second appeal has been directed against the impugned judgment dated 31.5.2003 which had reversed the finding of the trial judge dated 27.4.1994. Vide the judgment and decree dated 27.4.1994 the suit of the Plaintiff Phool Singh seeking declaration and permanent injunction was decreed in his favour. He was held to be reinstated in the service w.e.f. 08.5.1997. The impugned judgment had set aside the said order; the suit of the Plaintiff stood dismissed. This is a second appeal.

(2.) It is not in dispute that the voluntary retirement scheme (VRS) had been introduced by the Respondent corporation on 3.3.1993. On 31.3.1993 Appellant Phool Singh had exercised his option to participate in this Scheme. On 08.4.1003 he give an application to the Depot Manager (DM) of the Respondent corporation withdrawing the said option. On 13.4.1993 the application of the applicant Phool Singh was forwarded to the Secretary DTC Board. On 30.4.1993 a reminder was sent by the Appellant Phool Singh to the Respondent corporation reiterating his option to withdraw from the v. which he had opted for on 31.3.1993. On 05.5.1993 calculation of the ex gratia payable to the Appellant was made. On 31.3.1993 the ex gratia payment in the sum of 1,44,000/- was forwarded by the cheque to the Appellant which amount stood encahsed by him on 07.6.1993.

(3.) Plaintiff was reinstated and he was continuing in service w.e.f. 08.5.1997 till January 2004 when again he was terminated. This was in implementation of the judgment dated 31.5.2003 on which date the suit stood dismissed. He superannuated in February, 2008. It is not in dispute that in the intervening period i.e. between 01.6.1993 up to 07.5.1997 the salary emoluments and other benefits accruing to the Appellant calculated in the sum of 2,30,428/-. It is also not in dispute that a sum of 1,51,330/ was paid to the Appellant vide cheque dated 15.2.1996. The ex gratia payment of 1,44,602/- which had been paid to the Appellant had been returned by him under the orders of the Court only on 25.8.2009. As per the calculation a sum of 79,115/- is still payable to the Plaintiff ,i.e., for this intervening period between 1.6.1993 to 7.5.1997.