LAWS(DLH)-2012-8-111

DTC Vs. SURENDER KUMAR

Decided On August 16, 2012
DTC Appellant
V/S
SURENDER KUMAR Respondents

JUDGEMENT

(1.) A batch of writ petitions including the instant writ petition were disposed of vide judgment dated August 10, 2010. The dispute pertained to the claim by employees of DTC, who had sought voluntary retirement, to be paid pension.

(2.) THE origin of the claim was traced in the decision to employees of DTC having filed a petition in the Supreme Court praying that DTC be directed to frame and bring into operation a pension scheme. DTC gave an assurance to the Supreme Court that it would be introducing a pension scheme for its employees, including retired employees, and pursuant thereto on November 27, 1992 DTC notified a pension scheme, to be operated by Life Insurance Corporation of India.

(3.) THE decision dated August 10, 2010 notes that of the various employees who were litigating with DTC in the various writ petitions, some had specifically opted for the pension scheme notified on November 27, 1992 and some had not submitted any option, and hence were to be treated as deemed optees for pension. Some had specifically opted to continue to be the members of the Contributory Provident Fund Scheme. Qua those who have specifically opted to continue to be members of the Contributory Provident Fund Scheme, it was held that these employees would obviously have no claim to be paid pension.