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2017 Supreme(Del) 1032

VALMIKI J.MEHTA
SHANTI DEVI – Appellant
Versus
DELHI TRANSCO LIMITED – Respondent


Advocates Appeared:
For the Petitioner:Mr. Charan Jeet, Advocate.
For the Respondent:Mr. Sumeet Pushkarna, Standing Counsel with Mr. Siddhartha Nagpal, Advocate Mr. Sandeep Prabhakar and Mr. Anupam Varma, Advocates

JUDGMENT :

VALMIKI J. MEHTA, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner, widow of the late employee Sh. Ram Sagar Sharma, who died on 11.2.1992, seeks the relief of being granted pension by converting the CPF entitlement of her late husband Sh. Ram Sagar Sharma to pensionary benefit in terms of the office order dated 22.8.1992 of the erstwhile Delhi Vidyut Board (DVB), and of which entity the respondent no. 3/BSES Yamuna Power Limited (BYPL) is the successor entity.

2. The case of the petitioner is that her husband was working with DVB as a Bill Messenger and he died in harness on 11.2.1992. Petitioner pleads that a pension scheme was subsequently taken out by DVB on 22.8.1992 as a result of which petitioner’s husband or the petitioner became eligible to pension by refunding the CPF benefits received along with interest. There was subsequently another office order also issued by the DVB dated 20.5.1998 (wrongly written as 22.8.1998 in the writ petition) extending the period of exercising of the option for converting from CPF scheme to pension scheme.

3. Petitioner pleads that there was the requirement of the scheme of the petitioner to be














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