DELHI TRANSPORT CORPORATION Vs. BALBIR SINGH

JUDGEMENT

(1.) CM No. 42312/20167

(2.) The writ petition filed by the Delhi Transport Corporation has to be dismissed for the reason that the Tribunal has taken a reasonable view. The factual matrix also reveals that the petitioner Corporation has failed to maintain sanctity and purity of service records as is required and mandated by law. The petitioner has to, therefore, suffer the consequences of their lapses and faults.

(3.) The respondent, a Conductor in the Delhi Transport Corporation, had retired on 31st July, 2013 after about 30 years of service. In accordance with the service records, the petitioner Corporation had written letters dated 4th March, 2013 and 29th Aug., 2013 acknowledging and accepting that the respondent was entitled to pension. As per the pension scheme floated by the petitioner-Corporation, an employee had to specifically opt out of the pension scheme, as the pension scheme was applicable by default. The order dated 17th Feb., 2015 allowing O.A. No. 1466/2014 reproduces the letters dated 4th March, 2013 and 29th Aug., 2013 written by the petitioner Corporation accepting and admitting that the respondent was entitled to pension.