DELHI TRANSPORT CORPORATION Vs. DHARAM PAL

JUDGEMENT

(1.) This judgment shall dispose of all the aforesaid matters which raises the following Common questions for our consideration:

(2.) It would be appropriate to take note of the office order No. 99/1963 dated October 4, 1963 issued by the management governing service conditions of the workers including the drivers working in erstwhile Delhi Transport Undertaking(DTU) then a part of MCD now taken over by Delhi Transport Corporation, the management which reads as under: In accordance with the provisions of Regulation 10 of the DRTA (Conditions of Appointment and Service) Regulations, 1952 is framed by the erstwhile DRTA which are still in force in term of Section 516(2)(a) of the D.M.C. Act, the employees of this Undertaking are to retire on attaining the age of 55 years provided their services are not otherwise terminated earlier. The Municipal Corporation of Delhi, vide resolution No. 450 of its meeting held on September 5, 1963 has raised the age of superannuation from 55 years to 58 years in respect of the employees of the Undertaking subject to the following terms and conditions.

(3.) The aforesaid office order initially provided for retirement age of all employees of the Corporation as 55 years later extended up to 58 years while that of the drivers was kept at 55 years extendable on year to year basis subject to their medical fitness. The benefit of extension was made applicable even up to 60 years on the basis of their medical fitness vide circular date June 30, 1998 which reads as under: Dated June 30, 1998 Sub: Amendment in Fundamental Rule 56 Regarding Increase in the Retirement Age of Government Service from 58 Years To 60 Years In accordance with the DTC Board's resolution No. 84/98, item 56/98 dated June 26, 1998, the Board after detailed discussion resolved that the age of retirement on superannuation of the employees of DTC should be enhanced from 58 years to 60 years w.e.f. May 27, 1998, the date from which the Govt. of NCT of Delhi had issued circular No. F-2/64/98/S-I dated May 27, 1998. In regard to the employees who have already been retired from the services of this Corporation w.e.f. May 31, 1998, be called for duty but no wages should be paid for the intervening period w.e.f. June 1, 1998 to the date of their joining again DTC. However, other service benefits as per rules shall be admissible to them. The Board further resolved that the drivers of the DTC shall get the benefit of enhanced retirement age subject to their being found fit in every respect after a thorough medical examination by the Medical Officer of the DTC every year after they have attained the age of 55 years. The first examination shall be carried out immediately after or before they have attained the age of 55 years. If as a result of such medical examination they are found unfit for further service, they would be retired from the service of the Corporation without any notice. The other conditions of the Central Govt. Notification dated May 13, 1998 will remain the same (copy enclosed).