RAM DEVA LAL Vs. D T C

JUDGEMENT

(1.) The petitioner seek directions in these writ proceedings for inclusion of periods of service aggregating to three and a half years for the purposes of reckoning pension.

(2.) Undisputed facts of this case are that the petitioner was appointed to the services by the respondent Corporation (hereafter called 'DTC') on 1.2.1971 as a Driver. He continued to work in that capacity. On 27.11.1992 DTC issued a pension scheme though a circular. As per clause 3, all the existing employees including those who had joined from 3.8.81 onwards, and opted for the pension scheme within 30 days from the date of issue of the order, were entitled to pension. Clause 9 stipulated that employees who did not opt within a period of 30 days inter alia were treated as deemed optee under the pension scheme.

(3.) It is not in dispute that the petitioner fell in the category of one entitled to pension. It is also not disputed that the petitioner was a pensioner. What is in controversy in these proceeding is the quantum of pension he would be entitled to, in view of the stand taken by the respondent that certain periods of service cannot be included while calculating pension and pensionary benefits.