ROSY JAIN Vs. GNCT OF DELHI

JUDGEMENT

(1.) Petitioner Smt. Rosy Jain seeks release of pension and other terminal benefits through this writ petition. Petitioner was the employee of the erstwhile Delhi Vidyut Board (DVB) and after unbundling of DVB, her services were transferred to respondent No.3/ North Delhi Power Limited (NDPL) with whom she worked till she took voluntary retirement as per Rule 48(A) of the CCS (Pension) Rules, 1972 w.e.f 01.04.2009. The issue is that who is liable to pay the terminal benefits of the petitioner i. e whether the respondent No. 3 which is the private DISCOM or the concerned Pension Trust.

(2.) This issue is no longer res integra as has been decided by me in various judgments being Iqbal Chand vs. Govt. of NCT of Delhi and Ors. (W.P.(C) 13834/2009 decided on 31.01.2013), Tulsi Ram Arya vs. Chairman D.V.B. & Ors. (W.P.(C) 618/2001 decided on 31.01.2013) and Smt. Pawan Vohra vs. The Chairman, DVB Pension Trust and Anr. (W.P. (C) 1680/2012 decided on 17.05.2013).

(3.) In the case of Iqbal Chand this issue was squarely decided against the DISCOM/respondent No. 3 and it was held that all pensionary benefits and terminal benefits of erstwhile employees of DVB have to be necessarily paid by the private DISCOMS. Paras 3 to 6 of the said judgment read as under: