SMT. PAWAN VOHRA Vs. CHAIRMAN, DVB PENSION TRUST

JUDGEMENT

(1.) This writ petition is filed by the petitioner-Smt. Pawan Vohra, an employee of erstwhile Delhi Vidyut Board (DVB) and thereafter of the successor M/s. BSES Rajdhani Power Limited/respondent No.2/DISCOM. Petitioner took voluntary retirement in terms of Special Voluntary Retirement Scheme (SVRS), 2003 introduced by the respondent No.2.

(2.) There are two issues which arise in this writ petition. First is whether the petitioner has the necessary qualifying service so as to get the pension in terms of Rule 48-A of the CCS (Pension) Rules, and which admittedly applies to the parties by virtue of the Tripartite Agreement entered into between the DVB, Government of NCT of Delhi and the DISCOM. The second issue is that if the petitioner is entitled to pension payment, which is the entity which will bear the liability i.e whether the DISCOM/respondent No.2 or the pension trust/respondent No.1.

(3.) Let me at the outset reproduce the relevant pension rules namely Rules 48-A, 48-B and 49. For the completion of narration I may state that though Rule 48-B as of date stands deleted, however, at the relevant point of time it was applicable. Therefore, vested rights which existed in favour of the petitioner by virtue of this applicable Rule 48-B, cannot be taken away by the subsequent deletion of said Rule 48-B. These aforesaid rules read as under:-