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2023 Supreme(Del) 3301

GAURANG KANTH
Mohinder Singh – Appellant
Versus
Delhi Transport Corporation – Respondent


Advocates appeared:
Mr. Saurabh Kansal, Ms. Ashu, Mr.Arjun Giri and Mr. Aashish Gupta, Advocates, for the Petitioner.
Mrs. Avnish Ahlawat, Ms. Tania Ahlawat, Ms. Palak Rohmetra, Mr.N.K. Singh, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for DTC.

JUDGMENT

Gaurang Kanth, J.

1. The Petitioner vide the instant Writ Petition is impugning the validity of the retirement order dated 31.10.1995 ("impugned order") issued by the Respondent Corporation. Petitioner is seeking quashing of the impugned order on the grounds that vide the impugned order, the Respondent Corporation retired the Petitioner from service without providing him the pensionary benefits as envisaged under Voluntary Retirement Scheme introduced by the Respondent Corporation.

FACTS RELEVANT FOR THE ADJUDICATION OF THE PRESENT WRIT PETITION

2. The Petitioner was working as a conductor with the Respondent Corporation. The Respondent Corporation vide Office Order dated 27.11.1992 introduced a Pension Scheme and it was stated in the said Office Order that the date of effect of Pension Scheme would be 03.08.1981. The aforesaid Pension Scheme was open to all the existing employees, including those retired w.e.f. 03.08.1991 onwards subject to their opting for the Scheme. However, the said Scheme was made compulsory for all those employees joining the Respondent Corporation w.e.f. 23.11.1992.

3. Later, an order dated 03.03.1993 titled as `Voluntary Retirement of Employees o

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