DELHI TRANSPORT CORPORATION Vs. KANWAR SINGH

JUDGEMENT

(1.) The respondent was employed as a Driver by the Delhi Transport Corporation on June 14, 1978 and while driving a bus on December 07, 1991 was involved in an accident. He was suspended on December 21, 1991. Departmental proceedings were initiated against him. For the accident in question an FIR was registered and after investigation a charge-sheet was filed. Pursuant to a voluntary retirement scheme notified in the year 1995, respondent's request to be voluntarily retired from service was accepted and with effect from April 30, 1995 he stood voluntarily retired. Being a Member of a Contributory Provident Fund Scheme, respondent received the amount lying to his credit in his account under the Contributory Provident Fund Scheme; and needless to state this included the management's share credited in the account each month along with the amount deducted towards respondent's contribution. After seven years the respondent filed a writ petition on December 01, 2005 pleading that on November 27, 1992 DTC had introduced a pension scheme membership whereof was opted by the respondent and thus he should be paid the pension.

(2.) Vide impugned order dated December 01, 2005 the writ petition had been allowed directing DTC to pay to the respondent the admissible pension. The respondent has been directed to refund the employer's contribution towards the Provident Fund Account which he had received.

(3.) In granting relief to the respondent the learned Single Judge has held that in view of the decision of this Court Satyavir Singh Vs. DTC, 2005 7 AD(Del) 466 the respondent was entitled to the relief prayed for.