MOHINDER SINGH Vs. D.T.C.

JUDGEMENT

(1.) The Petitioner vide the instant Writ Petition is impugning the validity of the retirement order dtd. 31/10/1995 ("impugned order') issued by the Respondent Corporation. Petitioner is seeking quashing of the impugned order on the grounds that vide the impugned order, the Respondent Corporation retired the Petitioner from service without providing him the pensionary benefits as envisaged under Voluntary Retirement Scheme introduced by the Respondent Corporation.

(2.) The Petitioner was working as a conductor with the Respondent Corporation. The Respondent Corporation vide Office Order dtd. 27/11/1992 introduced a Pension Scheme and it was stated in the said Office Order that the date of effect of Pension Scheme would be 3/8/1981. The aforesaid Pension Scheme was open to all the existing employees, including those retired w.e.f. 3/8/1991 onwards subject to their opting for the Scheme. However, the said Scheme was made compulsory for all those employees joining the Respondent Corporation w.e.f. 23/11/1992.

(3.) Later, an order dtd. 3/3/1993 titled as 'Voluntary Retirement of Employees of Delhi Transport Corporation' was issued by the Respondent Corporation vide which a Voluntary Retirement Scheme (V.R.S.) was introduced. The Scheme was applicable to all regular employees of the Respondent Corporation i.e., workers and Executives who were appointed against the regular vacancies in the Corporation. Order dtd. 3/3/1993 has been extracted herein below: