JUDGMENT

Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner seeking the following reliefs:

i) Issue a writ, order or directions in the nature of Mandamus or any other appropriate writ, order or direction thereby directing the Respondents No.2 & 3 to release the entire Pension And Terminal Benefits in favour of the Petitioner with effect from the date of the retirement of the petitioner;

ii) Issue appropriate writ, order or direction thereby directing the respondents No.2 and 3 to pay the interest@ 18% p.a. on the withheld pension and terminal benefits of the petitioner with effect from the date of retirement of the petitioner, till the date of actual payment thereof."

2. Facts necessary for deciding the issue involved in this petition are in a narrow compass. Petitioner was appointed as a Junior Clerk in 1998 in erstwhile DESU. Upon incorporation of Delhi Vidyut Board (DVB), all assets and liabilities of DESU stood transferred to DVB. After privatisation, services of the Petitioner were transferred to BSES Rajdhani in 2002 and Petitioner took VRS in the year 2012.

3. Representation was made by the Petitioner on 04.04.2016 to Respondent No.2/BSES for release of pension and other terminal dues, followed by further representations to Respondents No.1 and 2 in the year 2022. Vide letter dated 14.11.2022, Respondent No.2, relying on the judgment of the Division Bench of this Court in Tata Power Delhi Distribution Power Limited v. Smt. Rosy Jain and Ors., 2016 SCC OnLine Del 16508  informed the Petitioner that Respondent No.3, i.e. DVB Employees Terminal Benefits Fund-2002 (Pension Trust) was liable to pay the service benefits to an employee who sought voluntary retirement under Rule 48-A of CCS Pension Rules, 1972 (hereinafter referred to as `Pension Rules') and therefore, the Petitioner should approach the Pension Trust for disbursement of her outstanding dues.

4. Petitioner thereafter made representations to Respondent No.3, only to be informed by a letter dated 25.11.2022 that the Pension Trust was not liable to pay the VRS benefits and the liability rested entirely on Respondent No.2. Relevant part of the letter dated 25.11.2022, which is impugned in this petition is as follows:

"Subject: Releasing of pension and terminal benefits in favour of Mrs. Asha Joshi, E. No.30908 (VR optee from BRPL).

With reference to your application dated 16.11.2022, it is brought out that, as per Trust Deed, the role of Pension Trust comes in to picture only after:

(a) Superannuation of the employee for commencement of pension and payment of terminal benefit, or;

(b) After death of the employee while in service for commencement of family pension and payment of terminal benefits of the employee, or;

(c) Total permanent disablement/incapacity of the employee for commencement of pension and payment of terminal benefits,

*Subject to the condition that the employee concerned must have completed a minimum reckonable service as per rules.

In view of the above, you are requested to follow up with your employer company i.e. BSES Rajdhani Power Limited for releasing of pension and terminal benefits till the date of your superannuation, on the lines of practice being followed in the Government Power Companies."

5. Assailing the action of the Respondents in not releasing the terminal benefits and pension of the Petitioner, despite passage of over a decade, learned counsel for the Petitioner submits that the only reason for not releasing the pensionary and terminal benefits of the Petitioner, as discernible from the impugned letter, that the liability of the Pension Trust comes into picture only in three eventualities: (a) superannuation; or (b) death; or (c) total permanent disability/incapacity of an employee and that the Pension Trust has no role where the employee seeks voluntary retirement, now stands negated and nullified in view of the judgment of the Division Bench in Tata Power (supra) and thus, there is no reason why the benefits