SHANTI DEVI Vs. DELHI TRANSCO LIMITED

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, the petitioner, widow of the late employee Sh. Ram Sagar Sharma, who died on 11.2.1992, seeks the relief of being granted pension by converting the CPF entitlement of her late husband Sh. Ram Sagar Sharma to pensionary benefit in terms of the office order dated 22.8.1992 of the erstwhile Delhi Vidyut Board (DVB), and of which entity the respondent No. 3/BSES Yamuna Power Limited (BYPL) is the successor entity.

(2.) The case of the petitioner is that her husband was working with DVB as a Bill Messenger and he died in harness on 11.199 Petitioner pleads that a pension scheme was subsequently taken out by DVB on 28.1992 as a result of which petitioner's husband or the petitioner became eligible to pension by refunding the CPF benefits received along with interest. There was subsequently another office order also issued by the DVB dated 20.5.1998 (wrongly written as 28.1998 in the writ petition) extending the period of exercising of the option for converting from CPF scheme to pension scheme.

(3.) Petitioner pleads that there was the requirement of the scheme of the petitioner to be informed and since the petitioner was not informed by the DVB of her entitlement to change her option from CPF benefit to pensionary benefit, therefore, petitioner who came to know of the scheme for the first time in the year 2002 sent her legal notice dated 29.11.2003 to the respondent No. 1 and since there was no response hence the present writ petition was filed.