DELHI TRANSPORT CORPORATION Vs. ANIL LUTHRA

JUDGEMENT

(1.) The Issue "DTC", hereinafter. The Delhi Transport Corporation1, by this writ petition, challenges orders dtd. 23/12/2015 in OA 31/2015 Anil Luthra v DTC and order dtd. 8/2/2016 in RA 32/2016 DTC v Anil Luthra, passed by the Central Administrative Tribunal "the Tribunal", hereinafter.

(2.) The issue in controversy is short, but recurring. Till 27/11/1992, all employees of the DTC were covered by the Contributory Provident Fund Scheme "CPF Scheme", hereinafter. Vide Office Order dtd. 27/11/1992 "the 1992 Office Order" hereinafter, the DTC introduced the GPF General Provident Fund -cum-Pension Scheme "the Pension Scheme" hereinafter. The respondent claims that, by virtue of para 9 of the 1992 Office Order, he is deemed to have switched over from the CPF to the Pension Scheme. The DTC does not dispute this argument on principle, but submits that, as the respondent continued to pay his contribution towards CPF, and the DTC, too, paid its share of the CPF contribution, the benefits of which have been reaped by the respondent on his retirement, he cannot now claim the benefit of the Pension Scheme.

(3.) The Tribunal has allowed the respondent's claim. The DTC is aggrieved thereby.