KARTAR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE applicant was appointed as Retainer Crew Driver in Delhi Transport Corporation w.e.f. 12.12.1980 and was subsequently brought on monthly rate of pay w.e.f. 12.09.1981. On introduction of Pension Scheme in DTC vide policy dated 27.11.1992, the applicant opted for DTC Pension. Further with issuance of the Scheme for voluntary retirement of employees of DTC vide No. Admn. 15(41)/93 dated 3.3.1993, the applicant submitted an application dated 30.03.1993 seeking VRS. In acceptance of the said application he was retired from service (voluntarily) w.e.f. 31.05.1993. The total service rendered by the applicant before his retirement was 11 years 8 months 19 days, but on deduction of the period of unauthorized absence from the total length of service, the qualifying service for pension remained less than 10 years, i.e. 9 years 4 months 16 days, thus he was denied the benefit of pension policy dated 27.11.1992. Questioning the decision so taken by respondents, the applicant filed present OA praying therein: - -

(2.) WE have heard learned Counsel for parties and perused the record. In order dated 25.04.2006 passed in Writ Petition (C) 302/2002 (ibid), Hon'ble Delhi High Court viewed, in the absence of an opportunity to an employee to take his stand regarding disputed period to be excluded from qualifying service, the Corporation could not have subtracted the said period while reckoning the length of service for pension and pensionary benefits. Para 9 of the judgment reads as under -