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JYOTI SINGH
S. K. Goel – Appellant
Versus
Tata Power Delhi Distribution Limited – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--By this writ petition, Petitioner seeks disbursement of his retiral benefits i.e. gratuity, leave encashment and pension, w.e.f. 01.07.2006 to 30.11.2012 with consequential benefits along with interest @ 18% per annum.
2. Facts are in a narrow compass. Petitioner joined All India Radio (AIR) in 1975 and subsequently the Delhi Vidyut Board (DVB) in 1979, where he was promoted to the post of Assistant Engineer in 1995. In terms of the applicable statutory framework ordained under Delhi Electricity Reforms Act, 2000 and the Delhi Electricity Reform (Transfer Scheme) Rules, 2001, at the time of unbundling DVB, Petitioner was transferred to TATA Power Delhi Distribution Ltd./Respondent No.1. On 30.06.2006, Petitioner sought voluntary retirement under Rule 48-A of CCS Pension Rules, 1972 and his request was accepted vide order dated 06.09.2006 and he was relieved w.e.f. 01.07.2006. It was made clear in the order that the onus of settlement of terminal benefits as well as GPF till June, 2002 and thereafter till 01.07.2006, for which NDPL had already deposited the money in respect of leave, salary and pension contribution with the Employees Terminal Benefit
The liability to release pensionary benefits of employees seeking voluntary retirement under Rule 48A of the Pension Rules rested on the Pension Trust, as established in the judgments of Rosy Jain (s....
The liability to release the retiral benefits of the petitioner and other family members was resolved by the judgment in Smt. Rosy Jain (supra) and the court directed the Pension Trust to release the....
The court established that work-charged and unjustified suspension periods count towards qualifying service for pension eligibility, even post voluntary retirement, with limits on retrospective claim....
Point of Law : It is clear like a noon day that the retiral dues of an employee like petitioner cannot be allowed to withhold because the documents were not received by any department from other depa....
The discretion to accept or reject voluntary retirement applications must be exercised judiciously, considering the employee's circumstances and not arbitrarily.
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