Delhi Transport Corporation v. Sh.Satya Prakash Khurana

* % IN THE HIGH COURT OF DELHI w.P.(c) 423|2OLO DELH I TRAN SPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VCTSUS SATYA PRAKASH KHURANA ..... Respondent Through: Ms.Kittu Bajaj, adv. CORAM: ' HON',BLE MR. JuSnCe PRADEEP NANDRAJOG HON'BLE MR. JUSTTCE MOOL CHAND GARG

¶1Whether the Reporters of local papers may be allowed to see the judgment?

¶2To be referred to Reporter or not?

¶3Whether the judgment should be reported in the Digest? PRADEEP NANDRAIOG, I. For orders, see W.P.(C) No.L402712009. f il (PRA;Silil*o,oo, JUDGE AUGUST LO, zot O mm AT NEW DELHI ment Reserv .--=-^----r'--n:i-29n Tr,.Q,-,-'.. Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. lw >1. % t-INX TFIE FIIGH COURT OF w,F.(C) L402712409 DELH I TRANSPORT CORPORATION Through: Mrs,Avnish ChaudharY, VCTSUS TVIADHU BHUSHAN ANAND Through: ..... Petit Ahlwawat, Advocate ..... Res Ms.Kittu Bajaj, Adv. tt w.P.(C) DTC 40uzaLo Through: VCTSUS ..... Peti Ms. Lati ner .Latika ndent toner -t-Mrs.Avnish Ahlwawat, Chaudhary, Advocate -t-SUDERSHAN LAL SHARMA Through: Ms.Rekha Aggarwal, Advs. w"P.(c) DTC s6s/20L0 Through: Mrs.Avnish Chaudhary, VCTSUS SURESH CHANDER. Through: w.P.(c) 598/20L0 DELHI TRANSPORT CORPORATION Through: Mrs.Avnish VCTSUS Chaudhary, , -t. ZILE SINGH Through: Mr.N.L.Bareja, W.P.(C) No.14027/2009 & Connected Matters DELI.i I AT NEW DE[-l-ll[ rV n: 29th tv. zlo l.b l{ -l-w.Fr.(c) 754120Lo D.T.C. Through: VCTSUS JAG SHORAN Through: Mrs.Avnisn ChaudharY, Ms.Kittu Bajaj, ..... Petitio Mrs.Avnish Ahlwawat, ChaudharY, Advocate Ms. Ktr.u e a;ai,'ol?too . Petitior Ahlwawat, M Advocate ..... Respo Adv. er .La,tika ?' t5 1, nident atika r is.l-I I I i I bnt I I ner Ms I I I i I rl noe I i -l-vu"rr.(c) 19O2/2O10 D-TC Through: VCTSUS SURENDER KUM/\R Through: -t. w.P.(c) 227412@LO DF.I-H I TRANSPORT CORPORATION Through: Mrs.Avnisl'r Chaudhary, VCTSUS srl GURBACHAN ?hrffifi: .w.p.(c) 391-9/203.O DELH I TRAI ISPORT C-:ORPORA']-l ON Throrigh: . Mrs.Avnish ClraudharY, versuS ....'. Retition Ahlwawat; Advocate ? RAJO SAINI Tl-rrough: Ms. Kittu guiuJ, W.11.(C) No.1a027/2009 & Connected Matters' i pj*u z or zz t-I I \qv I-1-vu.P. (c) 423t2oLo DELH I I-RANSPORT CORPORATION Through: Mrs.Avnish ChaudharY, . VCTSUS ..... Petitibner Ahlwarruat, Ms.Latilca Advocate SAryA PRAKASH KHURANA. Through: '.',. Ms.l(ittu Bajaj, adv' Respondent -i -t-w.P. (c) 756l2ox-o DELHI TRANSPORT CORPORATION 1-hrough: Mrs.AVnish ChaudharY, SOM DUTT versus Through: Ms.DeePali vu.P.(c) 832l2oro VCTSLIS J.L.DHUPAPR Througlr: ..... Petitioner Ahlwawat, vis.Latilca Advocate i i I -t-t, ta ;h ry sh rl'V ha ll5 | Sh ris lar fn h rVI cif N,.5 /n hi d ]N rs.At hauc ti.s.r ON {rs.A .haur ON 1rs. .hat 4i.S loN 4rs lha Tlc Mt CI M \Tl( M C RA {POt ,rgh; IA r.rglr: RPO ughr OR rou lMr roLr .otl roL ro RI rrc rc( Thr S -IAF Tht LO TC Tht T' TI IS HI T 1( {T T R ;u: S} ol )R POf ers \R: u2( ;PO \/e .AI 2t SF rNS V WI t52 AN5 A ..... nesponhent Gupta, Adv. lt n .. . ResPpndent Mr'.Narottam i VYas, lvl f .l\dl\JLLcllll I Mr.Vikramjeet Si kand,,$dvs. i I Er il/l I i I I I I I I de Ii' I I I I I I I tiic e T DELHI SI.'I RA W"P.( DEl_lll rRA 4A\ =1 TRI M c ka ika ti Lal t-er .La le Ii' I I I I I I I iio I M .l I I on + on -.ti rl-e' :to rl :e )o )e a1 +^ LC o tr .... Pe Ahlwa Advot .... Rc ma, a Ahlw; Advo AI At ... rm A ,A :titi rWd -^+, -d Ll )sp dv. .P twi cat r rJ, )et vclv oci 1e: ^-l cl \l :.^ lU d foc W.P.(C) No.1402712009 & Connected Matters 't' w.p.(c) 7e3l2ALO D E LH I rRAN s Po -iF'?ilfl l^t^l?IAvn i s h . ChaudharY, versus . VCTSUS 5I-I.NANU RAN4 SHARMA Through: \tu"p.(c) zosL/20i-0 Mr.N.L.Ba reja, qTC -[hrough: Mrs.Avnish Chaudhary, VCTSUS RANDI-IIR.SINGH Throu-c1h: w"P.(c) 4906/20L0 DELHI TRANSPORT C-ORPORATION Througlr: Mrs.Avrtish -t-BFIAGWATI ,PRASAD T'hrough: Ms.Kittu Bajaj, uu,P.(c) L384|?ALO ..... Petitioner Ahlwawat, MS.Latika Advocate Respond{nt Adv. ..... Petit-ioner Ahlwav.rat, Ms.Latika AcJvocate i Ahlwarrvat, Ms.Latika a' ..... Petrttonef' Ahlwawat, Ms.Latilca Advocate i i -l ..... ResPondent ja, Adv.' i .i i ..... Petitione!-Alrlwawat, \1s,Latika Advocate i D'f c' Through: Mrs'Avnish ' ClraudharY, VCTSUS sr-T.RAJENDER SINGH Through: Mr.N.L.Ba re uu.r'r"(c) 1386/201.0 DELHITRANSPORT CORPORATION -fhrough: Mrs.Avnish ChaudharY, Respond Adv. It,enf It.' ? VCTSLI5 RAMESH CHAI{D.,iAiN ' -[hrough: ',!. lr. ( C) ino.1.tlo27 / 2009 & Co n n e cted tr/l at te rs Chaudhary, Advocate : .... ResPondenL Mr.N.L..Bare1a, Adrr i q oizt Page \q l--l-w.P.(C) 4689|?OX,O DEBI SINGH Through: rru"p.tcl L639/20XO CHARANJIT BATRA Through: w.p,(a) 1729120L0 CFIARAN KAMAL Through: VCTSUS DTC w.P.(c) D.T.C. Through: 3339/20LO -[hrough: VCTSUS PULAI( MUKHERJI . "Through: CORAM: t-loN'BLE MR, JLJSTICE h{oN'BLE MR. JUSTICE I.. Whether the RePorters of to see the judgment? VCTSUS DELHI TRANSPORT CORPORATION Through: Mrs.Avnish ChaudharV, Ms.DeePali ..... Petitioneri Gupta, Adv. i :.... ResPondqnt Ahlwawat, Ms.Latika * Advocate ' ..... PetitioneI Ms.Kittu Bajaj, Adv' VCTSUS DEL.HI TRANSPOROT CORPORATION Through: Mrs.Avnish ChaudharY, ..... Respondent Ahlwawat, Ms.Latilca {. Advocate Ms.Kittu Baj;l; Petitionei adv. I I '-t . :| "! ..... Respono9nt Mrs.Avnish Ahlwawat, Ms.Latika ChaudharY, Advocate i ; Mrs.Avnish Ahlwawat, Ms'.Latika Chaudhary, Advclcate i I ...... Responcient Mr.Anrit Kumar, Adv. PRADEE'P hIANDR.A.FOq MOOL ChIAND GI\RG i .j j local papers may be allowed ? -l-?.. To be referred to RePorter or not? W.lr.(C) No.L4O27 /2009 & Connected Matters t) \{ J. Whether the judgrnent should be reported P W.P.(C) No.14027/2009 & Connected Matters tn ihe '-Digest? :lWiththepromu|gationoftheDe|h''Ynicipa| Lorl:oration Act 7957 artcl the Constitution of the Mtrnicipal Corporation of Delhi, municipal functions in Delhi except NDMC area and the area fallinQ under the jurisdiction iot the Cantorrnrent Board were vested in the" Municipal Corporqtion of llellri, which included the function of providing"public transport irr tlre city of Delhi. As a separate wing of thb corporatilon, the . Delhi Transport.Undertaking was constituted with a sgparate hrLrtlget and separate staff. As the city of Delhj.grew,i it was thoi-rght advisable to corporatize public transport in Delhi and t-l^ti-rs; [lre Dellri Transport Corporation vras formed as ia body crlrporate and it tcrclk over the functioning of ' the Del[i 'l'ranspo;t Undettaking. The said Corporation hacl in iplace a Contributory Proviclent Fund Scheme for its employCes and ileelr-lless to state each tnonth a'fix amount was deductbd from' r.l.re sdlary of the emprloyees ancl with a -matching conlribution hy t5e Corpclration was creclited in the ftincl. and'in the bccor-rnt oi tlre employee, who needless to state \^/as a niernhr{' of the Contributory Provident Fund. The employees iof thg i C-or-poration agitateci for long that the, pension sclremF of the Governnrent of lrrdia, which was extended to the neiynicipal enrpl6yees be also extended to them and in respeci of rnihich claim they lrad petitioned the Supr-eme Court, whe'n in the year Lggzthe Cbrporation gave an assurance to the Suprenlre Court t'liat it would introdLlce a pension scheme for its emi:loye.es, inclr-rding the retired enrployees and pursLlant theretg issued office order No.16 rlated 27.II.1992 notifying that a lpension s;r:heme stood notified which would be'operated bir lthe' Life ? Paee 6 of 27 t-\r Irrsurance corporation of India (Llc). The office order nrrcler:-relads AS -/} " No.Adm 1-5@)192 emPloYer's share. W.P.(C) No.L4O27 /2009 & Connected Matters Dated 2l .ILi92 I Pension Scheme woulb be Sub : lntroduction of Pension scheme in'DTC as appf icanle to the Central Govt' EmplgYees' i t. The introduction of Pension Scheme for the empiiees of the DTC has been sanctioned by the Central .q1"J andconveyedbytheM.o.S.T.videletterNoi.RT-LIII}iLUBB-TAG dated 23'1't'92 as on th9 . tiiTg ;;ft"ilu, Fot the Central Govt' employees subjegt to the following conditions:-

¶1The pension scheme rniould be ope'rated bY, the LIC on behalf of DTC i

¶2The date of e'Ffect of

3.8.1981.

¶3.All the existing employees including tho.se refired w'e.t.3.B.19B1onWarc|swouldhavetheoptiontoopt for the Pension Scheme or the Employees Contribtrto.ry provident Fund as at present, within.30 days fronl the date of issue of this o.o. for the implementation olf the pension scheme as approved by the Govt' of lndiai. I

¶4The Pension. schenre would be compulsory fpr alt the new employees joining DTC w.e.f. 23.ll-.92t, the date of sanction of the scheme' i

¶5The Pension Scheme would be operated bi i!9 Llc on behalf of DTC. The employees share in the EPF At,- of the DTC employees, who opt for pepsion Schenre would.be transfeired to the LlC, fol operating'. :

¶6The employees who have retired on or aftbr 3'd August. 1gB1 ancl the existing employees, yvfo ifraye Orawn the employer's share, under the EPF Act, partly or-*t'''otty.shalt frave to refund the same wiih-in-!erest in the event of their opting for the Pension scheme' 'The total amount to be refunded by the .r:etired employees/exisi-ing enrployees would be the arnount that would have accrued, had they not withdrawn the ? ..f-I I .i .l I I I i I I I I I

¶7Excess amount of grbtuity, if alr'eady paid to ex-employees and which is not admissible, underi the Perjsion Scheme, will have to be refunded by. them before any benefit under the Scheme, is grantqd .to them. B. A due ancj drawn statement would be preplared in respect of retired enrployees opting for Pension scheme and tlre amount to be paid/refunded, lvould be worlced out by the concerned unit, wherefrom the employee had retired from service. ployee of DTC, who doeq 'not lf anyr of the emplo ? exercise any option withip the prescribed period of 30 clays or. qu'it service or dies without exerc.isin!.an opLion or whose option is incomplete or condition;al .or ambiguous. l-le shall be deemed to have opted the opiion or whose option is incomplete or conditio Pension SChenre Benefits. /\pplication forms for exercising option would be available with the Unit Officers and ali enrplQyees includirrg retired employees wishing to ex{rcise option, ihoulcl do sc *itf'lin the Unit oJ ttreir prgse,n-t worlcing/where i'rorn theV retired, wiilrin a period pf 30 c'lavs from the date oF issue of'this Office order' The Unit Ofticers, after receiving the option fronn the ex-enrfloyees, will tal<e further necessary actioin for gettirrg the necessary forrns completed, which w;ill .be supplied to them by the LIC for Pension etc. they will also ensure the recovery of EPF and Giatuity froqn the Ex-ernployees before forwarding their applications as rnentioneb abclve. The cases of all officers will be dealt with at l-leadtluarLers. Tlre rrot and options received frclm the existing ernpldyees opting Pension may be kept in their Pet'sonal entry made in their Service Bock." for file ',).. A perusal of the scheme shows tlrat uu ,ugirds the refired employees, they . hacl to specifically opt to ,ne paid 6rension arrd had to simultaneousiy refund Lo the Cor5foration', fhe employers' slrare received by them as n-renrbers cf the L.ontrilrutory Provident Fund .Schenie together witlr iinter-est W.P.((:) Nct.14O27/2009 & Connected Matters Pa'ge 8 of 27 ,+ (vicle para 6 of the Scheme). As regards tlre existing er-nployees, it was stated vide para 4, that the pension scheme would be compulsory'for those who joined service .unper the Corporation with effect from 23.l-1.1992 and as regaids the existing serving employees, vide para 9, it was statpd that tlrose who r1o not submit any option would be deemed to have optecl for the pension scheme. Thus; it is apparent'that as -c Ll- ^ -^ regards the existing employees of the corporation wl.io were still in service when the office order dated 27.'\l-'l-9?2 was Bromulgated, if they desired to continue to be the mernbers of I the Contributory Provident Fund Scheme they F-d to . specifically Say So, for the reason, their silehce was to be I treated as a deemed option to opt.for the pension sche;me.and . neeclless to state their positive option-to opt for the p€nsion scheme was alwaYs there'

¶3'' without worlcing ou[ the modalities with the Llc to wclrl< upon and implement the pension scheme and iwithout cr:rnpleting the formalities of compiling the data as ito who opted or who had to be treated as tlre deemed opte,b under tlre perrsion scheme and who specifically opted to conltinue to kle a member of the Contributory Provident Fund Scherire,.post ha:;te, the Corporation notified a voluntary retirerpentischeme on 3.3.1993 contents whereof read as under:- I of 'Delhi "Sub:- Voluntary Retirement of Employees Transport CorPoration The lnatter pertaining to the irrtroduction of voluln La ry Retirement Scheme for the employees has been under the consideration of Delhi Transport Corporation. Salient Features of the proposed voluntary Retire,ment Scheme are as under:- ?

¶1ApplicabilitY The scheme will be aPPlicable to ernployees of the . corporation i.e-w.p.(C) No.t4O27 /2009 & Connected Matters all re workersi gul'ar and I Palge 9 of 77 1P ( 'v\ fl executives who are appointed against vacancies in the corPoration.

¶2EligibilitY, ' reEular absorption in the regular service of the corporition will be excluded.

¶3Conditions covering voluntary retirement' Volr-intary retirement will be norrnal!y allowed only in clses of incumbents of the posts r4rhich An employee must have completed .ten .yeatt ol service in ttris corporation or ccmpleted 40 yea'rs of age to qualify for consideration under the Sche'me' For this purpose, period of deputationiretenticin of lien in the parent office in lieu of deputation prilor to t-f-

(a) have been declared suirplus or redundant. Houlever, voluntary retirement Scheme could also be allowed in other cases dependin;g on the merits of each case and in the interest of the corporation.

(b) 'Voiuntary retirement cannot be claime'd by any employee as a matter of right. I The coiporation-will have the right noi to !rant Voluntary Retirement for reasons tq be recorded in writing. Under no reasons wi,ll the relief under this scheme'be allowed frorn. a date earlier than the ddte of passingj. the orders. I J 'l

(c) An entployee in whose case any discip[inary case is pending will not be considered Under this scheme until the disposal of the same.

¶4An employee who had taken voluntary retire;rirent will be eligible to the following refunds/paVrnerlts:- I 'I per rules of '.'l i

(a) Balance in his PF Accbunt as provident furrd applicable to hint.

(b) Encashnrent of refused lea're accumulatecj earned leave as per rules corporation applicable to him as if fre retires tlre rrormal ruies of retirement. and of the Lnder ,I Pige Io of 27 il/.P.(C) No.IaO2712009 & Connected Matters 1/ w

(c) GratuitY as Per PaYment gratuity Rules of the corPoration

(d) Three month notice PaY 'the individual case as Per the emploYment. acti and

(e) An Ex-Gratia payment equivalent to .I-Il2 month's basic pay plus DA for such completed iyear of service limited to one month pay multipliep by the number of whose month of service. left bqfoi-e normal datb of retirement.

(f) Expenses for travelling for the entitled clas,s-,for it-.1u u1.1.1ployee and his/her family comprising hi;/her spouse'anb dependent members from the plac,u 9f his/her posting to th'e place where he/she intenrds to settle down in lndia. ' i

(q) trensionary benefits as per off,ice'otder ruo.rs dt.27 "L1,9i. (Emphasis supplied) I .: All amounts due to the corporation will be adj{sted against the payments ltnder (d) & (e) above and the employee conterned should'ci.ear any outsta4ging. cjueS/advances taken before the date oi effelct of voluntary retirement. Ernployees working on the post of Conductor ih the Corpoiation are proposed to be'covered undet the Voluntary Retirement Scfteme in the fiist instarice. Such Concluctors who are desirous of seblcing voluntary retirement in the proposed Schemei rnay give their option in the prescribed Performa th(ough proper channel within 15 days to be concerned Unit Officer who will forward the same to the Secretary, .i. ri as is applicabf e in terms of him/her of gratuitY a pplica b le to him. notified entitled 27 .1"r.\992 I I I I 'l Page 3.1 of 27 -rA Y DTG Boa rd This issue with the aPProval a uthority. " I I I I of competent Needless to state, the VRS Schelne clearly that those who opt for voluntary retirement would be to pension as per the office order ltJo'16 dated (vide para 4(g) of the VRS Scheme)- w.P.(C) No.IaO27 /2009 & Connected Matters :L\ v\ !r. I6.3.1993 ollen, for soon thereafter vide office memorandumi dated the V.RS Scheme notified on 3.3.1993 wa? made offers to be submitted by all employees iof the i I I 1993 the W,P.(C) W.P,(C) Page LV of 27 .t' t i I I-l 'l I Corpo;ation. zr:; utrder:- The officer memorandum dated 16.3.1993 reads "Now, it has been decided to correr all the'emplofees. of the corporation under the proposed VoluTlary Retirement Scheme. Such employees who i are desirous of seelcing voluntary retirement in i the proposed scheme rnay give their option .il.i t!9 prescribed proforma through proper channel.,withiin 15 days to the cOncerned Unit Officers, who will fo5yvard the same to the Secretary, DTC Board." i When DTC notified the pension scheme on ?'t .1.1.Igg2, the resp6ndents of W.P.(C) N.os .1402712009;' h}\n0La, 565i2010, 5918/2010, 754120L0, 1902/2010, ?2741?.010 (3 in number) and 3g1:g12010 specifically opted for 't tl-re pension scherrre. The respondents ' 'of lW.P.(C) l\trr:;.42 3120J.0, 7 56|L010, 83212010, 7 52120L0, -/ 9t3120]-0, 73841201A, 1386/2t)10 and 205L12010 clicl not sunmit any clrl,ions and hence were to be treated as deemed op[ees for i;' It may be noted that the writ petitioner-s ofl\A/.P.(C)' 'i Nicrs.163912010 and 1.729120J.0 also did not submit anVioptions arrrrl lrence would be cleerned to loe optees for pensiorr. i B. lt may also be noted that the respondent ofiW.P.(C) Nf o.4906 l2OL0 and the writ petitioner of W.P.(C) tito.+Ob9 I2OIO .subrlitted their options expressly'stating that they doi not opt for the pension sgheme, mqaning thereby, they indlcated pc:;itively that they woulcl lil<e io continue to be merlrb.ers of a. F)enslon. the Contributory Provident Fr-rnd Scheme g. On different dates, but all in the year responclents of all tire writ p,etitions except No.1.6 3gn}7.0, W.P.(C) No.1729 '2010 ;:nci w.tr.(C) No.1.402712009 & Connected N4atters 2Ai ,/ 1r Nto.3339 l2}l0 and the writ petitioner of w.P.(c) No'46Bl9l2}l-0 sr-rbrnitted offers under the VRS Scheme afore-noted and requested to be relieved from service' It is thus aPParent that if request for vo'luntarY /\ retirement was accepted, the said respondents and tfe writ petitioner of W.P.(C) No.4689 120L0, would or 'would inot be entitled to pension would depend upon whether tl."y or anyone of them had specifically opted to continue Llnder the Contributory provident Fund Scheme. We say so io, the' reason, pertaining to. the existing employees,. the pension sclreme notifiecl on 27.11.1992 clearly stated that thoise who specifically opted for the pension .scheme and tho$e who strbrnitted no option whaLsoever would be treated as oqting for t-hr: pension scheme and only those who specifically oipted to continue to be members of the contributory Provident Fund Scheme would not be treated as optees'under the. pension ,t sc-lreme ancl would continue to be retained ds memb.erS of the Corrtriburtory Provident Fund Scheme I Thus, it is apparent that the respondent of lW'P.(C) 1"0.

¶11sc hem e.

1.2 corrclition:- w.P.(C) No.L4027/2009 & Connected Matters Ncr.z1906 I2OLO and the writ petitioner of W.P.(C) Nct.4689|2OIO, harring exercised a positive option to continue to be r:etained as members under tlre Contributory Provident Fund Sclreme, I cot.llcl under no circumstance claim bene'fit under the :penSion In the year !994, by and under a notificatiorn dated

5.I2.L994., all employees of the Corporation except Of'ficers, l-raffic Supervisors, TlS, ATls, Vehicle Examiners ancl iDrivers, were given another chance to opt for Voluntary Retirerinent by subrrritting letters of offer. The scheme notified statedj that all i terrms as per the VRS Scheme dated 3.3.1993 woulfl apply. Bgt, the said notification expressly stipulated the fbllowing Page t3 of 27 a ,/t / "[t is also notlfied f,or infonmation of a[l sucftr employees who opt for VR,s that they wou[d; r''lot be 'entitled to join Fension Scl"leme !f theyi are aliowed retirernent unden vRs. other sqlient features of the proposed vRs will remain the san"ie as announced earlier vide this office circular diated

03.03.1993." (Emphasis added) On 23.I2.L994 another circular was issued I :1. -/.,\ exl-encling the right to make offer by all the. emirioyees pert.aining to the VRS Scl'reme notified on 5'12'1994' T'[ereafter on 8.5.1995, to a specified category of emItoyees stipr-rlatecj in the scheme were given the option to lsubmit olfers under the Voluntary Retirement'scheme' But there was an express condition'therein that these employees wQuld not : he entitled to join the pension scheme' i

¶14The writ petitic.rners of W.P.(C) Nos.1639/201-0 and .i

7.7?-9120l0, who were deemed optees under tne pgnslon scherne, having exercisecl no option at all pursUant; to.the notificartion date d 27.11.1992, submitted offer to-be voliunLarily rr:tirecl orr 4.1.1995 and 17.10.1995.

¶15-l-o pr-rt it in a nut-shell, all employees Who are litigating under the various petitions either as the petitioner or as the respondents, except the t1ruo petitioners of iW P.(C) Nos.1639i2010 and I-729[2A]A, submitted offer letters to be volurntarily retired'under the VRS Scheme notifie.d on 3i:'fg.g:, ': wtrit:lr conteined the ternrs of the scheme and as extended fronr tinre to time iri i:he year 1993. As regards W.P.(C). No.3339/2010, the respondent thereof had retired on ].:0.7.199f i.e. before ihe notification i clateci 2-7.1.1..L992 was issued and as regards him, videi 0ara 6, ii he did not specifically opt for the pension scheme within 30 clavs of the notification datecl 27.11.1992 he would have got .'' no benefit under the pension scheme for the' reason on his ?age L4 of 27 .I i W,P.(C) f|o.14027 /2009 & Cc,nnected N4alters A : ret-irement he was paid over the due i.e. the amourit to his credit under the Contr:ibutory Provident Fund Scheme' i UaO tre exercised such an option he was obliged to have refunded'th.e management's contribution credited to his account urlder the Contributory Provident Fund Scheme i T.l.Thus,WeCanconvenientlysegregatethe|,itigating parties in three compaftments. Those who exercised option 'l'or voluntary retirement in 1993. Those who exercised option lor-voluntary retirement in the year 1995. Labtly the respondent of w.P.(c) No.3339 l2}]0 whose case h4t to. be dealt with de-hors the Voluntary Retirement schemes' We deal with the grievance of . the Coqporation :r.8. pertaining t.o w.P.(C) No.3339 l2}l:0, the respondentiwhereof hars got benefit from.the Central Administrative ifribunal' where vide order dated 15.1..2010 his'claim has beerj allowed by lrolding that he is a deemed optee for pension.aS per the I pension scheme notified on 27 '11 J992' i"

¶19No discer-nable reasons are forthcoming !ron,.' the I clecision of the Tribunal save and except that the Tribunal has [reated his erititlement in terms of clause I 9f thq perrsion .scheme dated 21 .!l.lrgg2, ignoring the fact , that iclause ? applied to the serving employees oF DTC atrcj ih rbspect of I those who had retired prior to the promulgation of the notification dated 21 .J'1'.Lgg2, were required to exercise a positive option to be given pension with concomitalnt act of refunding the management's share received by them under tlre' Contributory Provident Fund Scheme, virJe para'.6 of the notification .clate d 27.11..1992. lndeed,. this his beeh so held by a Division Bench of this Court. in the tJecisibn dated

16.3.2000 in LPA No.33/1998 W ttz-sn.u!'nath B''!larctav.& Qrs. which decision has'been upheld by the Supreme Cour-L in I I .t , Page L5 of 27 W.P.(C) No.L4O27/2009 & Connected l/latters .x t.lre decision rePorted as (2001) 6 SCC 61 DTC Retired Thus, as regards W'P.(C) No.333 924,10 ' is En't

¶20w.t,.(c) No.1402712009 & connected Matters concerned, noting that the respondent therein could inot be t,r-eated as a deemed optee for the pension scheme andihaving not specifically opted for the pension scheme and ihaving' received all dLles payable .Lo him when he retired as 'pef the anrount. lyirrg to his. credit as a rnember of the Contrlibutory provident Fund scheme and obviously he having not opted for tire pension scherne ancl thus not having returnbd the. .ntanagernent'S contribuiion pertaining to him ancl as qredited in l-ris account as a member of the corrtributory Provideht Fund Sr:herne, saiil respondent woulcl have no caSe at all' I 2|l.Thus,W.P.(C)No.3339/2010isallowed'lm'pugned iudgment and order dated 15.1.2010 . allowilg TA Ncr.12O9 l2}0g is set aside and TA No.1209 l2OOg is disniissed"

2.2. We take up tlre case of the petitioners of iW.e,tCl Nos.1639/2010 and .I72g120I0, who were in service as on I, ?-7.IL.Lgg2 ancl did not submit any option under the notification dated 27.11.1992 and hence vide clause 9lthereof wr.rulcl be treated as deemed optees for the pension scf eme. ")? z, ^-r . As is noted hereinab.ove, these two respbndents ap,plied to oe rroluntaiily retired by submitting offers on

4.1..1995 an'J 17.10.1995 respectively' lt is further to Qe noted tlrart by then the voluntary retirement schentes notifiefl earlier 'i l^rdd lapsed and they could seek voluntary retirernenf as per tlre scherne notified on ?3.!2.1994 and 8.5.1995 resQectively 'i.a. tlre VRS Schemes notified prior to the dates 4'1.1995 and l'i.'1.0.1995. As is noted irereinabove both schemels under wl-rich the;r applied , specificaily excludecl entitlenrient for pension inasmuch as [he tvvo scheirnes clearly stated that etnrploye.es opting for voluntary retirement under fh" two i Paie 16 of 27 'i -l l it it. schemes would not be entitled'to pension; and as regards the -l otlrer terms and conditions. it was mentioned that the same rnrr:r-rlcl be as per the scheme notified on 3'3.1993 :

¶24tt is apparent that the terms of the VRS $cheme rrotifiecl on 3.3.1993 are incorporated by reference ur,lder the VRS Schemes notifiecl on 23.L2.Igg4 and 8.5.1995i 'except . .: clause 4(g), for the reason in the two vRS schQmgs in

1.,r question, there is a specific reference to not beilO entitled to pensiorr. We may re-note the conditions/terms of the said two sclremes with reference to the language rnihich expressly stated 'that it was notified for information of the eniployees i t.lrart all those who opt for VRS under the two schemqs would t-rrol-be entitled to join the pension scheme if they areiallowed [.o retire under the said schemes 8nd that otheri salierrt . " feartures of the scheme would be the same as per the office circular dated 3.3.1993.

¶25lt may be noted that the pension s'chemeinotified !' on 27 .1-L.I992 could not be implemented because LIC backed' : out and'it was only on 31.10.1995 did the Central Govbrnment provide the necessary fund and only those empioyges who rel.irecl after 1.11.1995 started receiving pension. In other worcls whether or not pension would have been paid remained inclroate till 31.10.1995 i .:"'

¶26Having retired . pursuant to the VRS lchemes rrotified on 5.L2.1994 and 8.5.1995, we see'no'scope.for the . I petitioners of W.P.(C) Nos.1639/2010 and 1729|2AIA to be r entitled to receive any pension and we hold that the lTribunal lrers correctly dismissed their clainr petitions. a

¶27To be fair to the said writ petitioners, we TUV note l-lrat tlre only submission urged by their counsel was;that the orclers relieving them and enclosing the amorJnt lying to tlreir cre-'dit in the ContributSry Provident Ftrn.d Scheme referrecj:tc,i ., i w.P.(c) No.Iao27 /2009 & Connected rvlatters Paige 77. of 2.7 t +\ t thefactthattheyWerebeingretiredaSpertheVRSpcheme cJatecl 3.3.1993 and as extended to all the emplolees on 1'6.3.lgg3.Predicatedthereonwasthesubmissionthbtthese ernployees have been treatecl as having voluntarilyi retired Uncler the VRS scheme notified on 3'3'1993 whict'r staiecl that t pension would be Paid i

¶28Suffice wcjuld it be to state that a bare perusal of thel orclers refei-rerj to by learned co'unsel' evidencg that ?,':' l.rrintedproformahasbeenused'Thesame.perta'":1.tothe'' earlier vRS schemes. , lt is settled law' that ri$hts are rJeterminecj not 1vitlr reference to the ianguage of tl-re pro'forma br-ttthestatuteortir.eschemeapp|icable.The;aicrtwo' I 1:etitioners submittecl offers to be.voluntarily retired qnder the sclrenres notifiecl on' 5 .I2.Igg4 and 8.12.1995' Furtirer' they receive,J the cheques tenderecl to tlrem which inclpded the ,rrlana.qement,sshareintheContributoryProvidentFr-rnd. r\ccourrt. T'hese ckreques were received by them on q1.3'1995 anc|3l.l0.lgg5respectively.They,encashedtheicheques' \A/e may note tlrat these two petitioners had filed writ petitions irr the year 2005 anc 2oo7 respectively laying a iclaim for pension whicfr. were transferred to the Qentral Aclrninlstrritive 'I'ribu.nal and registered as TA No.689i2009 i and TA ' .Nio.1385/200grespectively,whichhavebeenc!isn.lissedbythe l-ribunal vide impugnecl orcjer dated 23'g'2009' Thb claim of ' these writ petitioners woulcl even otherwise'be barled by'the' law of limitation. The principle that right to recei"ve lpension is a continuous Cause of action is not availabl,e to them'inasmuch a5 clua grern, tfie issue was whetirer they were entltled to r-eceive dues as per Contributory Provident Fil'd Sclreme or rrncler the pension scheme. They were paicl. frrll dues wlren they retirecj on 31..3.1995 arrd 31.10:i995 respe.ctiYuty as lier t.[e Contributory Provident Furrd Scheme and if the-v l'rad any Page X.8 of 27 a w.p.(C) Nc:.'t4O27/2009 & Ccnnecled Matters i' I -l I I grievance pertaining to the same, it had to be brough;t before ar Competent Court within at most 3.years thereafter. .P ,#

¶29dismissed.

¶30Thus, W.P.(C) Nos.1639/2010 and 1729129t.0 are i Pertaining to the remaining 18 writ petitiions, we A. n'tay divide the same into 3 further categories whichiemerge l'rorn tlre facts noted by us in para 6 and'8 above The said 18 writ petitions are divided: Category 1-Respondents ol W.P.(C) Nos. 14027 12009, 40I]2OI0, 565/2010, 5gB/2010, 714]2OLO, .l 190212010, 227412010 and 3919/2010 who specificalfy opted for the pension schemes when they submitted tlreir bffer for Lreing . voluntarily retired as per the terms and ccjnditions notified in the VRS Scheme notified on 3.3.1993 wfiich was rnade lppticable by reference to the subsequent gchemes notified in the year 1993. Category 2-Respondents of *.P.(C) Nlos.423 12070, -1561201.0, 83212010, 75212010, * 79312010, I :l:lB4 l2OlO, 1386/2010 and 205U2010 wlro haviing not submitted any options have to be treated as deemegl optees I'or the pension scheme when they. submitted their loffer for being voluntarily retired as per the terms and conditions notified in the VRS Scheme notified on 3.3.1993 which was rnade applicable by reference .to the subsequent fchemes nrrtified in tlre year 1993. Ca'Legory 3-Responclents ol W P.(C) Itlcr.4906l20I0 and the writ petitioner of W.P.(C) No.4QB9l20I0 who specifically.opted to be retained in the Coniribr-rtory Pr-ovident Fund Scheme.

¶31We take category 3 first. Surprisingly, onq ilaimant being the respondent of W.P.(C) No.4906l2O10 has suicceecled hrefore tlre Tribunal and the other i.e, the petitioner of \ru.P.(C) 'aI I a No.46B9l2OL0, has lost, notv,rithstanding their cas identical. W.tr.(C) No.t4O27/2009 & Connected Matters Jt being t.. I I Page !9 of 27

¶32Having perused the reasons given by the Tribr-rnal in :n favour of the respondent of W.P.(C) t\o'490612010 as p,er para ;

¶22of tl-]" irnpugned order dated l'3.4.2010, suffice wor,ild it be ro state that the Tribunal has gone off at a complete tangent by reFerring to some policy cjecisions dated -30.4.19P3 uld t

7.11.1993 which. refer to those who have given no; option whaLsoever to be treated as optees under the i:ension sclleme. we fail to urrderstand' as to how said decisions can apply to the respondent of w.P.(c) No.4906120\0 who specifically opted to be retained as a member uncjer the corrtributory Provident. Fund scheme. Noting further tllat sai.d re:;pondent received the full amount payable to hiln as a rnr:rnber of the contributory Provident Fund scheme which I included the managemertt's contribution in the fund peirtaining to his account, it would be another reason to hold against him aird lastly tlrat having retired in the year 1993 anC neceived full clues in tlre sarne year he could not rake up the issde when i he filet1 OA N o.205312009 in tlre year 2009 before the Tribunal. \l\/e concur with the reasoning given by the Tribunal pertaining tcr [he writ petitioner clf VJ.P.(C) No.4689 ]O:r0 when . OA I Nlo.23lLlzOOg filed by him was dismissed vide ordQi" dated

1.8.2.2010. , , ,l:1. .Tlrurs, W.P.(C) No.46B912070 is dismissed.

¶34W,P.(C) No.4 906120'L0 is allowed. Thre orcler cJated 13.4.2010 allowing OA No.2053/2009 is arncl OA N|o.2053/2009 is disnrissed. impugned spt aside :i5. -l-lre cla.im of the respolrdents iri categc'ry 1 and categlory 2 nray be tal<en up together-for the reason iwhethei' they exercised a. positive opticln to be brought urddei-the pension scl'teme or having exercisecl no oftior, whatsoever and lir:rrce as deenrecJ optees Lreing brought uniur. the ipension, sclrerne, their status would be the same as entitleb Io be W.tr.{C) No.1.aO2'712009 & Connected Matters flr fd 'g,e 2A of 27 v I , i I .l 'l i -l II -,t\ brought under the pension scheme under the . notification clated 27.I!.Igg2. since all these respondents applied for beirrg voluntarily retired when the scheme notified on -ai3'1993 I vvas extended from time to time in the year 1993, they cer[ainly would be entitled to pension for the i'ea.sonl clause 4(et) of the scheme notified on 3.3.1993 clearly stated that suclr persons would be entitled to pensionary benefitS' But' .I tlrere are certain further facts which need to be noted qua thenr. The case of the corporation is that having ppteP under the pension scheme .or deemed to have opted under the I petrsion sclteme, the said respondents'specifically ofited out From the pension scheme and by the time. they retire$ under 'i tlre Voluntary Retirernent Scheme, the pension schefne had rr6t been formally brought into effect (as noted abovp it was {'orrnally brought into eftect for the retirees who retir;ed post

1.1.1.1995), they filed applications specifically statinE that they 'l intend to opt out of 'the pension scheme and be retiined as I nlembers under tlre contributory Provident Fund scheme and 'l thus on accepting their offers to be voluntarily retjred the Corporation paid over to them not only their sharg in the Contriburtory Provident Fund Account but even the mAnagement's share, wtrich they accepted Withocrt dui..nur and hence coultJ not rake up the issue after 12 to 15 lears i.e. : when tfiey filed either writ petitions in this Court which were transferrecl to the Central Administratirre 'Tribunat i or filed original Applications before the central Admiriistrative l-ribunal. i 3€i. eua these respondents, it may be noted lttrat t6e respondent of W.P.(C) No.L402712009 submitted a letter dated

2.3.1995'specifically stating that he does not want tb opt for tlre pension scheme ancl desires his dues to be paicl ais per his cpF Account. The respondent o{ w.P,(c) No.565/2010 likewise w.rr.(C) No:Mozl;2009 & Connected Matters i pAEe zt otzz a * A A submitteda]etteronL2.7.1995'Therespondentofl w.p.tcl No.5 g}l2o10 likewise submitted a letter in the year 1Q94 and reaftirmed the said fact in tlre letter dated 5'11 1?9p' The' respondent of \ /.P.(C) No.754l?.010 likewise submitted la lettet. orl 20.4..1995. The respondent of w.P.(c) No'19Q212010 liicer,vise submitted a letter on 14.7.1gg5' The 3 resp(indents : o1,V\/.P'(C)No.2274pal0.likewise.submittedIetlerson ,. 1:1,.3.Lgg4, 15.3 :-9g4 and 9'6.1995 respectively. i lh" ' responclent of w.P.(c) No.3919 l2}l0 likewise submitted q I letter on 2;'.7.1996. -r-he respondent of w.P.(c) No.423l2010 tii<ewise submitted a lette!' on 5.10.1994' The'respo4dent of W.p.(C) No.15612010 likewise submitted a letter on 15 3'11gg4 as claimed by the Dl.C but deniecl. by said respc'ndelnt' \A/e rrrte tlrat DTC has proouced said letter dncl adcjitioniallv has reliecl upon a list prepared ort L2.4'1994 where the hame of sairJ respondent is at serial No.J.1s ancJ notes his'optin(y outfor perrsion. The responCent of W.P.(C) . No.B32t20tO ilikewise sr-rbrnitted a letter on 5.9.1995. The. responc{ent of; W.P'(C) I Nio.752l2010 likewise submitted a letter on 1.!2,1q93. The re:;pondent of W.P.(C) trlo.40u2010 also opted out csf the -l pr:nsion scherne, though the date when he did. so is not on record I i7 . .lt may' be notpcl that ail aforesaid res$ondents €ixc-ept the respondent of W.P.(C) No.75 6/AIA, u/ho clainrs not [cr have written letter derted 15.3.L994, and the respoindent of I W.P.iC) No .40112010 who is silent on the aspect of hiis'having opted out i,e. has chosen lot to rebut the ple4 of the Cclrporation that he opteci out of the. pension schenhel, have [rlqacjed that they wrote the letters out of compulsionibecause it-was uncertain whether at all the pension schenre rlvould be 'i. irrtroc!uced and there was complete un'certainty rnrhether at all W.l, (C) No.14O2'I/2009 & Connected Matters V P,bge 22 cI 27 r+1 tlre pension rrulriclr date. if yes, from

38.QuathestandtakenbytherespondentofWP.(C) No.756/20l0,sufficewoulditbetostatethatDTChas procluced the letter written by him under his signaturesi' lt is. a lrarrdwritten letter. He has not denied that the writing is not lris. He has not denied his signatures thereon' His' vague clenial that he never wrote the letter, without taking ppecific stand is neither here nor there. Further, as w.e would be noticing qua the other respondents he received the CFF dues when he retired with effect from 31.5.1993 and thgreafter received the cpF dues and kept quiet till he filed a writ lpetition in tlris Court in the year 2008 which was transferreQ to the central Administrative Tribunal in the" year 2009 uind was registered as TA No.L449|2OO9. i 3g. Proceeding fr-rrther, we note that the pleadihgs qua when the respondents of W.P.(C) Nos . 793\2OIO, 1383p0L0, 1386/2010 and w.P.(c) No.205t120lo submitted applications to opt out of the pension schemes are not clear, but it is not in ' clispute and it is the joint case of the Corporation asj well as' . saicl respondents that they i.e. the respondents of the {aid writ petitions subsequently opted out of the pension sche'me and 'l received all dues under the CPF Scheme. They dfso claim that they dicl so because it was not certain as to whether at all pension scheme would be brought into' force whbn'they volr-rntarily retired in the year 1993.

¶40In a nut-shell all these respondents plead tfat they were under compulsion to opt out of the pension scheme.after l-hey had submitted their offer to be voluntarily retiired and al'ter the same was accepted and they stood i retired; conrpulsion being the uncertainty of 'pension being qaid and tlreir pressing need for funds. The legal argument Pputnced i Pdge 23 of 27 scheme would be introduced and I'I W.P.(C) No.1.4027/2009 & Connected Matters / G>\ Qfr It by thern is that once their offer for being compulsorilyiretired was acceptgd, the contract stood cbncluded by the acClntalle ol,[lre offer and the terms of the contract was as cont{ined in the VRS Scheme notifiecl on 3.3.1993, which specificallt' stated t-lrat such retirees would be entitled to pension They claim that later on, the conti'act could not.be modified and thus their subsequent letters to opt out of the pension scherne and revertbac|<totheCPFSchemecouldnotbeaccepted.i

4.l.Theargumentofthes.aidrespondentsnuFtobe noted and rejected for th9 reasorr nothing prevenfed the parties to novate the contract, lt is settled by now thqt a VRS Sclreme has an element of contract. The VRS Sch"T" is an irr.vitation to offer. The employees make an offer urjder the :;clreme being, to retire on the terms notified as lp" the ' scheme. on being accepted, the letter of offer results in the . coltract being concluded and the employees becomeientitled I tr: the clues as per the VRS Scheme. But, nothing prevents the . parties to novate the contract. ln the instant case the icontract got novated rryhen the said respondents wrote that inistqad of lielng paid pension as per the scheme they be paid thd Oue,l es per the CPF Sclreme and thereafter they received even the t1t;tnagement'S share under the. CPF Scheme. lt is settled law t-hal-one manner of accepting an offer is to perfprm the olrligation to be performed as per the. offer. Thus, by rnaking ! payment under the CPF Scheme the Corporation acceipted the crf-fer of these employees to forego claim for pension and ., instead entire due under the CPF Scheme be paid"' i

¶42There remains then the issue to be cJecidediwhether [he said respondents were under a compulsion and if yes the tl arfl'ect thereof.

¶43The compulsion I i alleged by them is the unfertainiv As noted hereinabove the Pension of pension being relea5ed. I t-Pbee 24 of 27 t-I I I It, 'l I t. I I \,V.P.(C) Na.1,4O2l /2009 & Connected Matters '$t A scheme notified on 27 .Il-.lgg2 could not take off becayse LIC clicl not fund the scheme.as envisaged and later on the iCentral Gbvernment agreed to fund the scheme on 31.10'19,95 and irrilisputably those who retired after 1'11.1995 weTe paid pension. Thus, the compulsion resulting as the consequence o{= tlre uncertainty of pension being released, which m?y have [een uncertain when the said respondents opted iout to receive pension and reverted to receive benefit und.er CPF' came to . an end on 1.11.1995. The silence of these respondents for periods ranging from 12 to 15 yeals when they took recourse to legal action is clearly indiCative of there being no compulsion. The silence of these respondentsi spealcs for-itself. lt is apparent that with the passa'ge of time these respondents became clever by a dozen and thought rivhy not terl<e the benefit of a few who likewise went to court and I obtained relief, by pulling wool over the eyes of the Court by' \ their act of oPting outi of the plr:aciing that their act of subsequently .i pension scheme was meanir.rgless becaUse the contrapt stood conclrlded, a submission which was accepted by the Courts without considering the further issue of contract being novated.

¶44i In our opinion these respondents have nio claim wlratsoever to receive pension. They novated the conitract by volit-ion when they subsequently opted out of the'ipension. s"cheme and DTC accepted the same and paid to thqm even tlrel management's share in the CPF account. Their cldinls are lrit by delay, laches and limitation. They are not enfitled to plead that right to receive pension is a continuous cause of . acl:ion, forthe reason., i.n law either pens.ion Can be recleived or benefit under the CPF account. lf the managemen$ forces down the gullet of an employee payment under fhu CPF. Scheme and the employee desires irension he has to aiOOroaclr W.P.(C) No.L4O27 /2009 & Connected Matters $r {tN beirrg tlre limitation prescribed to file a suit' i

¶45That apart, if it was the case of the respdndents tlrat they were compelled to opt out..of pgnsion schqme o.n account of the uncertainty in the implementation. iof the perrsion scheme, they ought to have sought a declaratlon that their act of opting out of the pension scheme be declaied null I ancl void, being out of conrpulsion and for said pra.vbr they ought to have made the.requisite pleadings entitling tliie,m for suclr a declaration. Needless to state an a.ct out of cornpulsion. is a voidable act and not a void act. 'The responden[s have adrnittedly not done so. lt is only in the rejoinder filed $v ff,em I t6 the reply to their respective OA that a bald'plea h9s been set for".h ihat they acted out of compulsion when'they opted or-r1: ol tlte Pension scheme. i /1.6. Accordingly, we hold that the said writ Qetitions i have to be allowed i 47 . we allow w..P.(c) Nos..1402712009, 49U20I0, 565i2OLO, 598/201.0, 754:2OIO, Ig02l20lo, 22t1412010 3g)1gi201.0, 423l2OiO,' 756120:-0, B322AIA, 75,212010, -/9312070, 1.3842A10, 1386/2010 and 2051/201C ?nd set asicle the impugned orciers dated 30.6.2009, ti*.2009,

3.9,.2009, 23.9.2009,' 25.9,2009, 8.10.2009", 1:J.10.2009,

4.1.L 2009 and 26.11.2009 i.e. the singular or compositle orders clisposing of one or more Transferred Application orlOriginal Application before the Tribunal and aS a consequence, dismiss all the Transferred Applications or Original Appilications allowed in favour of the respective respondent(s) | 4Et. To summarize tl-re 21 writ petitions stand disposed of as under:- : A.- W.P.(C) No.1639 12010, W.P.(C) Nrc.172 gtZOtO and .l 3 years t-lre Court or the Tribunal within a maximum period of V',/'. P. (C) f'|o.4 689 120l-0 are clismissed. W.P.(C) No.L4O27 /2009 & Connected Matt€'rs JT Pd,Ee 26 of 27. l. ll. W.P.(C) No'1402 7l2OOg' W'P'(C) No '4OL120I0' W.P.(C) No.565/2010, W'P'(C) No'59B/2010' tr/v. P. (c) t No.75412010,W.P.(q)No'1902120:l0'W'P'(C)No'227'4120l-0'. W.p.(C) No.3919/2010, W'P'(C) No'42312010' iW'P'(C) No.756/2010, W.P.(C) No'832/2010, W'P'(C) No'7 5212010 ' \A/.P.(C) No'7e3/2010, W'P'(C) No'1384 t20l-0' .lY'P'(C) No.13B6 l2O:rO, W.P.(C) No'205 LI}O]O ' W'P'(C) No'4906 l2ot0 and W.P.(C) No.3339 l20lr} are allowed and the . im;PuOned orders passed by the central Administrative Tri'bunal wl'rich are challenged in the said writ petitions are set aside and the respective Transferred Petition or i Oriqinal APPlicati pplication are dismissed.

¶49There shall be no t'lv orders as to costs JUDGE JUDGE l\t-lGU5T 1"0, 20L0 fnm ' Paee 27 of 27 I I I i I I I I I I \A/.P.(C) No.I4O27/2009 & Connected Matters