PARTAP SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) AS has been delineated in the judgment of Hon'ble Delhi High Court in batch of petitions including Delhi Transport Corporation v. Madhu Bhushan Anand, (Writ Petition (Civil) No. 14027/2009) (authored by Hon'ble Mr. Justice Pradeep Nandrajog). With the promulgation of Delhi Municipal Corporation Act, 1957 and the Constitution of the Municipal Corporation of Delhi (for short MCD), municipal functions in Delhi except NDMC area and the area falling under the jurisdiction of the Cantonment Board were vested in the MCD which included the functions of providing public transport in the city, A separate wing of the Corporation, i.e. the Delhi Transport Undertaking was constituted with separate budget and staff. Subsequently, the public transport in the city was corporatized and the DTC was formed as on body corporate which took over the functioning of Delhi Transport Undertaking (Delhi Transport Corporation). In implementation of the Contributory Provident Fund Scheme (for short CPFS) made applicable to the employees of the Corporation a fixed amount was deducted from their salary and a matching contribution was made to the fund in the account of employee (members of CPF). In view of long persistent demand espoused by the employees of Corporation the introduction of Pension Scheme for the employees of DTC was sanctioned by the Central Government conveyed by the Minister of State for Transport vide letter No. RT -12019/21/88 -TAC dated 23.11.1992 as on the same pattern as for Central Government employees, subject to certain condition. As a result, the DTC issued Office Order No. 16 dated 27.11.1992 extending the benefit of Pension Scheme as above to DTC employees subject to certain condition. For easy reference, said Office Order is reproduced hereinbelow: - -

(2.) THE date of effect of pension scheme would be 3.8.1981.

(3.) THE Pension Scheme would be compulsory for all the new employees joining DTC w.e.f. 23.11.1992, the date of sanction of the Scheme.