RAJIV LOCHAN Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) THE petitioner sought voluntary retirement from respondent No. 1/BSES Rajdhani Power Limited. Petitioner was the employee of the erstwhile Delhi Vidyut Board (DVB) and on unbundling of DVB, petitioner's services were taken over by the respondent No. 1. It is not disputed before me that the petitioner was entitled to and would be given voluntary retirement in terms of Rule 48(A) of the CCS (Pension) Rules, 1972, however, the issue is which entity will be liable to make payment of pension to the petitioner. I have had an occasion to consider this issue in a series of cases 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). I have held that whatever be the liability towards terminal benefits of an employee, under whatever head, the said liability is necessarily of the private DISCOMS and the private DISCOMS cannot refuse to discharge its obligation.

(2.) I am bound by my aforesaid judgments and, therefore, adopting the ratio as laid down in the aforesaid judgments and particularly the cases of Rosy Jain Vs. GNCT of Delhi and Ors. (W.P.(C) 4532/2010 decided on 09.07.2013, Naresh Kumar vs. BSES Rajdhani Power Ltd. (WP(C) No. 957/2011, decided on 10.07.2013), the writ petition is allowed, and the respondent No. 1 is directed to make payments of all terminal benefits to the petitioner taking the petitioner as having retired on 18.2.2009. Petitioner will also be entitled to interest from the respondent No. 1 @ 9% per annum simple from 18.2.2009 till a period of two months from today. In case the entire amount of arrears will not be paid within two months, thereafter, petitioner will be entitled to interest @ 12% per annum simple.

(3.) THE writ petition is accordingly allowed and disposed of with the aforesaid observations, leaving the parties to bear their own costs. Both the parties will be bound by the ratio of the judgments in the cases of Iqbal Chand vs. Govt. of NCT of Delhi and Ors. (W.P.(C) 13834/2009 decided on 31.01.2013) and Rosy Jain Vs. GNCT of Delhi and Ors. (W.P.(C) No. 4532/2010 decided on 09.07.2013).