M P MATTUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Plaintiffs, Shri M. P. Matfaur & Others are statedto be allottees of quarters constructed at Hari Nagar, bearing No. 1 to 27 &staff quarters at G. T. Road, Delhi bearing Nos. 28-.072 and 74 to 104.These quarters are in Delhi Transport Corporation Staff Colonies mentionedabove. Municipal Corporation of Delhi under the GOVT. of India SubsidisedHousing Scheme for Industrirl Workers constructed 300 houses known as"Integrated Subsidised Housing Scheme for Industrial Workers and Econo-mically Weaker Sections of the Community." The construction was startedin the year 1962-63 and completed in the car 1965-66. Total costs incurredworked out to Rs. 3504 Lacs, out of which, a sum of Rs. 6.25 Lacs andR?, 156 Lacs were provided by the Central Government as loan and subsidyto cover the cost of construction.

(2.) . The houses consisted of small two rooms and regular two roomsquarters. There were about 100 small two rooms quarters and 200 regularrooms quarters. The allotment was to be made after determining the overallcost for regular two room houses and single two room houses. The Lieute-nant Governor of Delhi (Administrator) in 196566 ta.king into considerationthe various factors, determined the overall cost for regular two room housesat Rs. 4.200.00 and single two room houses at Rr. 2500.00 . Subsidised monthlyrent to be charged was fixed at Rs. 16.00 and Rs. 13.50p respectively

(3.) . On account of the Delhi Road Transport Law, Amendment Act),1971 (hereinafter or called the DRTC Amended Act), tbt. Deibi Tianspon Un-dertaking of the Municipal Corporation of Deihi was converted into DelhiTransport Corporation (hereinafter called the 'DTC') wiih effaci from 3/11/1971. According to the provisions contained in Delhi RoadTransport Laws (Amendment Act), all Rules. Regulations, Notificationsrelating io Transport service, whether made under the Delhi Road TransportAuthorjty Act or under any other Act were to remain in force and deemedto be made by the New Corporation. By virtue of the provision of theAmended Act, the employee of the erstwhile authorities were deemed to be theemqloyce of the D.T.C. with such designation as the new Corporation maydetermine They were to bold office by the same tenure, on the same termsand conditions of service. They were also to get the same pension, gratuityand all other matters as they would have held, if the new Corporation hadnot been established. It was also the term of the transfer that no conditionwould be altered to the disadvantage of the employees without the approvalof the Central Government. The service rendered previously would becounted in the New Corporation.