Employees are entitled to benefits only as per the terms of the Voluntary Retirement Scheme, and once an employee opts for voluntary retirement and avails the benefits, they cannot claim ignorance of the terms and conditions to demand reinstatement in service.

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 of Delhi Transport Corporation' was issued by the Respondent Corporation vide which a Voluntary Retirement Scheme (V.R.S.) was introduced. The Scheme was applicable to all regular employees of the Respondent Corporation i.e., workers and Executives who were appointed against the regular vacancies in the Corporation. Order dated 03.03.1993 has been extracted herein below:

"The matter pertaining to the introduction of voluntary retirement scheme for the employees has been under the consideration of Delhi Transport Corporation. Salient Features of the proposed voluntary retirement Scheme are as under -

1. Applicability:

The scheme will be applicable to all regular employees of the corporation, i,e workers and executives who are appointed against regular vacancies in the corporation.

2. Eligibility:

An employee must have completed ten years of service in this corporation of completed 40 years of age of qualify for consideration under the scheme. For this purpose, period of deputation/retention of lien in the parent office in lieu of deputation prior to absorption in the regular service of the corporation will be excluded.

3. Conditions governing voluntary retirement.

a) Voluntary retirement will be normally allowed only in cases of incumbents of the posts which have been declared surplus or redundant. However, voluntary retirement scheme could also be allowed in other cases depending on the merits of each case and in the interest of the corporation.

b) Voluntary retirement cannot be claimed by any employee as a matter of right. The corporation will have the right not to grant voluntary retirement for reasons to be recorded in writing. Under no circumstances will the relief under this scheme be allowed from a date earlier that the date of passing the orders.

c) An employee in whose case any disciplinary case is pending will not be considered under this scheme until the disposal of the same.

4. An employee who taken voluntary retirement will be eligible to the following refunds/permanents:

a) Balance in his PF Account as per rules of provident fund applicable to him.

b) Encashment of refused leave and accumulated Earned Leave as per rules of the corporation applicable to him as if he retires under the moral rules of retirement.

c) Gratuity as per payment of Gratuity Act and Gratuity Rules of the Corporation applicable to him.

d) Three months' notice pay as is applicable in the individual case as per the terms of him/her employment.

e) An exparte payment equivalent to 1-72 month's basic pay plus DA for such completed year of service limited to one month multiplied by the number of whole months of service left before normal date of retirement.

f) Expenses for travelling for the entitled class for the employee and his/her family comprising his/her spouse and dependent members