Delhi Transport Corporation v. Mool Chand

Judgment

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7258 of 2002. From the final Judgment dated 6.11.2001 of the High Court of Delhi at New Delhi in LP.A. No. 62 of 2001. WITH Civil Appeal Nos. 2301, 2302 of 2007. S.B. Sanyal, A. Subhashini, Sunil Dalal, Jay Kishore Singh (for Subramonium Prasad), B.D. Sharma, Naresh Kaushik and p Arnita Kalkal (for Lalita Kaushik) for the appearing parties. The following Order of the Court was delivered: ORDER

1This Appeal has been filed against the impugned judgment of the High Court dated 06th November, 2001. It appears that there was a Voluntary Retirement Scheme (for short 'VRS') in the Delhi Transport Corporation, hereinafter A referred to as the 'Corporation', in 1993 which contained a provision for pension. The respondent herein did not apply under that VRS Scheme:

2Subsequently, the Corporation framed a new Scheme 8 dated 13.12.1995 in which it was specifically stated that those employees who opt for VRS under the new Scheme will not get pension. Respondent, admittedly, applied under this scheme.

3Since, there was a specific provision in the VRS Scheme dated 13.12.1995, we fail to see how the High Court C has held that the respondent will get pension in addition-to VRS benefits.

4In view of above, we find that the impugned judgment of the High Court is erroneous and it is hereby set aside.

5The Appeal is allowed accordingly. No Order as to costs. Civil Appeal Nos.2301/2007 and 2302/2007

6Learned counsel appearing for the appellant in these appeals has stated that in view of the earlier order of this Court dated 12th March, 2007. passed in Special Leave Petition(C)No.4135 of 2007, these appeals may be dismissed. We order accordingly. R.P. Appeals disposed of . .J,.