Mukesh Rajora vs Pension Trust - 2023 Supreme(Del) 4149

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4149

JYOTI SINGH
Mukesh Rajora – Appellant
Versus
Pension Trust – Respondent

Advocates appeared:
Mr. Neeraj Dahiya, Advocate, for the Petitioner.
Mr. Sudhir Nandrajog, Senior Advocate with Mr. Sujit Kumar Singh, Advocates, for the Respondent-2.

JUDGMENT

Jyoti Singh, J. (Oral)--Both the writ petitions are being disposed of by this judgment since they involve a similitude of facts and raise an identical question of law. Petitioners have sought the following reliefs:

"i. A writ/order/direction in the nature of mandamus directing the Respondent/s for releasing all terminal dues & retirement benefits (Pending Pension from 01/04/2020) of the Petitioner.

And

ii. Pass an order thereby awarding cost, litigation and expenses in favour of the Petitioner."

2. Facts to the extent relevant for adjudicating the present writ petitions are that Petitioners were employees of Delhi Vidyut Board (`DVB') and opted for voluntary retirement under Rule 48A of Civil Services (Pension) Rules, 1972 (hereinafter referred to as `Pension Rules') which were applicable to DVB employees. Petitioner in W.P.(C) 5368/2021 was relieved on voluntary retirement w.e.f. 01.07.2008 while Petitioner in W.P.(C) 5459/2021 was relieved on 03.10.2005.

3. After unbundling of DVB, Petitioners were transferred to Tata Power Delhi Distribution Ltd./Respondent No.2. Petitioners started receiving their pension from the DISCOM, however, subsequently they received letters dated