NK SHARMA Vs. BSES

JUDGEMENT

(1.) Writ Petition (C) Nos. 4806/2011 and 6505/2011 1. The issue to be decided in the present two writ petitions is the entitlement of the petitioners for grant of pension/pensionary benefits on taking voluntary retirement (for short, 'VRS') by the petitioners.

(2.) The issue argued is as to whether the petitioners would be entitled to benefits of Rule 48-B as it existed in the CCS Pension Rules on the date of VRS of the petitioners on 30.12.2003. Rule 48-B was omitted with effect from 21.12.2012. As per provision of Rule 48-B, if a person completes 15 years of service, then, five years of service are added as a bonus for entitling a person to complete 20 years of service for grant of pensionary benefits.

(3.) I have had an occasion to examine this aspect in the case of Smt. Pawan Vohra vs. The Chairman, DVB Pension Trust and Another in Writ Petition (C) No. 1680/2012 decided on 17th May, 2013. In the said judgment, I relied upon the judgment of the Division Bench in the case of Retd. Major A.S. Dahiya E.C. No.59676 Vs. Union of India and Ors., 2003 108 DLT 740 to hold that to determine qualifying service, an employee who has completed 15 years in service will be entitled to add five years of service in terms of Rule 48-B. Relevant paras of the judgment in Pawan Vohra's case which would apply to the present case are para nos. 1, 2, 3 and 5 and the same read as under:-