NARENDER KUMAR Vs. D T C

JUDGEMENT

(1.) The present petition is filed by the petitioner herein praying inter alia for quashing the letters dated 27th February, 2nd April, 2004 and 4th May, 2005 issued by the respondent/DTC (hereinafter referred to as 'the DTC') by which the petitioner was called upon to deposit a sum of Rs.1,23,686/- in favour of the DTC, and for directions to be issued to the DTC to pay to the petitioner his superannuation pension and arrears along with interest thereon.

(2.) Briefly stated, facts leading to the present petition are that the petitioner was appointed with the DTC on 31st March, 1967 as Retainer Crew Conductor and was promoted to the post of Assistant Traffic Inspector with effect from 25th November, 1985. In March 1992, the petitioner applied for a Non-Refundable Advance from his own share of Provident Fund (C.P.F.)amounting to Rs.75,334.10 paise for paying instalments to the DDA for purchasing a LIG flat. Against his request, he was sanctioned a sum of Rs.64,000/- by the DTC, i.e. Rs.34,000/- from his own contribution and Rs.34,000/- from the employer's contribution to provident fund. During the period from 1993-2002, the petitioner took refundable loan from his share of provident fund on various occasions and duly refunded the same to the DTC.

(3.) On 27th November, 1992, the DTC introduced a Pension Scheme (hereinafter referred as 'the Scheme') vide Office Order No.16 for its employees retiring on or after 3rd August, 1981. The said Scheme was introduced on the same pattern as for the Central Government employees. The employees of the DTC were required to exercise their option for pension within 30 days from the date of issue of the said Office Order. The petitioner opted for pension under the Scheme and thereafter, continued to work with the DTC till he superannuated on 31st July, 2003 at the the age of 60 years.