RATI BHAN Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner, has challenged the order dated 26th July, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No. 3787/2010 titled as "Sh. Rati Bhan v. Delhi Transport Corporation', dismissing the original application of the petitioner under Section 19 of the Administrative Tribunals Act, 1985 and thereby declining the relief to quash the order dated 17th September, 2010, wherein it was stipulated that the respondent had come to the decision that it lacked the resources to implement any pension scheme which could have been formulated pursuant to the option exercised by the petitioner in its offer dated 28th October, 2002 and the Press Note of the year 2003.

(2.) BEFORE the Tribunal no one had appeared on behalf of the petitioner, however, the Tribunal had not dismissed the original application of the petitioner in default of appearance of the petitioner and his counsel, and instead, it proceeded on the basis of the pleadings available on record in terms of Rule 15 of the Central Administrative Tribunal (Procedure) Rules, 1987. Before this court, the learned counsel for the respondent, Ms. Avnish Ahlawat who appears on advance notice and counsel for the petitioner contend that the writ petition may be heard and disposed of finally in the facts and circumstances of the case on the basis of the copies of the record of the Tribunal filed along with the writ petition.

(3.) THE respondent/DTC had introduced a pension scheme for its employees retiring on or after 3rd August, 1981 by virtue of its office order No. 16 dated 27th November, 1992. The pension scheme introduced by the respondent was on the same pattern as is applicable in case of Central Government employees. The employees of the DTC in order to avail the pension scheme had to exercise option within 30 days from the date of the office order dated 27th November, 1992.