IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG & MUKTA GUPTA, JJ.
GOVT OF DELHI & ORS. - Appellant
Versus
NORTH DELHI POWER LTD & ORS. - Respondents
LPA 677, 680, 738, 739 of 2011 & LPA 722/2013 & LPA 45, 46, 48, 50, 54, 178 & 179 of 2014
Decided On : 31-08-2015
Central Civil Services (Pension) Rules, 1972 - Rule 35, 36, 37, 37(A), 38, 39, 40, 41 - Qualifying service - Additional service Benefit - VRS Scheme introduced by the three DISCOMS - There was a stipulation/condition that pensionary benefits as applicable would be paid Pension was payable if 20 years' qualifying service was rendered and this meant actual service - Contra-contention of the employees was that while computing qualifying service 5 years had to be added - Neither respondent would be entitled to seek pension on the strength of sub-Rule 1 of Rule 49 and clause (b) of sub-Rule 2 of said Rule of the CCS (Pension) Rules, 1972 - Applicability would be only if the retirement is on attaining the age of superannuation and not when the retirement is voluntary - While computing 20 years' qualifying service benefit of sub-Rule 49(3) of the CCS (Pension) Rules, 1972 would be available and while reckoning qualifying service the fraction of year equal to three months and above shall be treated as a completed one half year - View of single judge that while computing qualifying service five years' addition would be made is overruled - Such respondents who compete 20 years' qualifying service by rounding up of the fraction alone would be entitled to the pension - Those for whom entitlement of pension has been determined by the Single Judge by giving benefit of five years additional service would not be entitled to any pension - Writ petitions filed by such respondents are dismissed.
PRADEEP NANDRAJOG, J.
1. Challenge by the Government of NCT of Delhi and its Principal Secretary in LPA No.677/2011 and LPA No.680/2011 and the challenge by the Delhi Vidyut Board Employees Terminal Benefit Fund, 2002 (a Trust) in LPA No.738/2011 and LPA No.739/2011 is to an order dated April 20, 2011 passed by the learned Single Judge disposing of Civil Miscellaneous Application filed by the North Delhi Power Ltd. and BSES Rajdhani Power Ltd. seeking clarification of the judgment dated July 02, 2007 passed in a batch of writ petitions filed by North Delhi Power Ltd., BSES Rajdhani Power Ltd. and BSES Yamuna Power Ltd. which was followed by an order dated October 08, 2007 and finally the order dated January 25, 2008. Challenge in the remaining captioned appeals is by BSES Rajdhani Power Ltd. BSES Yamuna Power Ltd. and TATA Power Delhi Distribution Ltd. (the successor-in-interest of North Delhi Power Ltd.) to the judgment and order dated May 17, 2013 passed in W.P.(C) No.1680/2012 by the learned Single Judge and to the subsequent orders dated May 20, 2013, July 10, 2013, July 10, 2013, July 10, 2013, July 10, 2013, July 10, 2013, September 27, 2013 and September 27, 2013 passed by the learned Single Judge in the writ petitions filed by the respondent No.1 in LPAs No.722/2013, 45/2014, 46/2014, 48/2014, 50/2014, 54/2014, 178/2014 and 179/2014, in which orders the learned Single Judge has simply held that in view of the decision dated May 17, 2013 passed in W.P.(C) No.1680/2012 the writ petitions filed by said respondent No.1 in each appeal is allowed.
2. Since two distinct issues were decided, we propose to note the facts at the first instance concerning LPA No.677/2011, LPA No.680/2011, LPA No.738/2011 and LPA No.739/2011, followed by the decision thereon and thereafter note the facts concerning the remaining LPAs followed by the decision thereon.
3. To appreciate the controversy and the ramifications thereof concerning LPA No.677/2011, LPA No.680/2011, LPA No.738/2011 and LPA No.739/2011, one would have to go back by a decade and a half. On November 23, 2000 the Delhi Electricity Reforms Act, 2000 was passed by the Legislative Assembly of the National Capital Territory of Delhi which was brought into force on March 08, 2001. One object of the Act was participation by the private sector in the distribution of electricity in Delhi which function hitherto fore was being carried out by the Delhi Vidyut Board (DVB). The Act envisaged taking over the functions of the Delhi Vidyut Board by various companies, three of which were to be distributing companies i.e. to distribute electricity in Delhi, which were given the nomenclature DISCOM-1, DISCOM-2 and DISCOM-3. Three other companies for generation and transmission of power and a holding company were also to be formed. DISCOM-1, DISCOM-2 and DISCOM-3 became BSES Yamuna Power Ltd., BSES Rajdhani Power Ltd. and North Delhi Power Ltd. (now TATA Power Delhi Distribution Ltd.). The unbundling of DVB took place on July 01, 2002, but before that the Delhi Electricity Reform (Transfer Scheme) Rules, 2001 were promulgated and simultaneously DVB and the employees union as also the Government of NCT of Delhi had discussions regarding the rights and status of the employees of DVB who would be transferred to the six successor companies, and in particular the discussion centred on the pensionery benefits of the employees because the employees of DVB were entitled to pensionery benefits as per the CCS (Pension) Rules, 1972. Under Rule 6(1) of the Delhi Electricity Reform (Transfer Scheme) Rules, 2001 benefit of existing service conditions were guaranteed to the transferred employees and thus on October 28, 2000 a tripartite agreement was entered into which guaranteed the existing service benefits to the transferred employees and it was agreed under the tripartite agreement that a pensi
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