NARESH KUMAR Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) This writ petition is filed by the petitioner Sh. Naresh Kumar who was the erstwhile employee of Delhi Vidyut Board (DVB) and after unbundling of DVB, he became the employee of respondent no.1-BSES Rajdhani Power Ltd.

(2.) By this writ petition, petitioner claims terminal benefit of pension.

(3.) I have had an occasion to consider this aspect in a recent judgment in the case of Smt. Pawan Vohra Vs. The Chairman, DVB Pension Trust and Anr. being WP(C) 1680/2012 decided on 17.5.2013. In this judgment, relying upon the Division Bench judgment of this Court in the case of Retd. Major A.S. Dahiya E.C. No.59676 Vs. Union of India and Ors., 2003 108 DLT 740 I have held that an employee is entitled to addition of five years of service to the actual service performed for claiming of pension. It may be noted that provision of Rule 48-B is as of today no longer on the statute book however, at the relevant point of time when the petitioner retired, this Rule was undoubtedly applicable as per the position which has emerged on record.