Delhi Transport Corporation v. Rajo Saini

l * % IN THE HIGH COURT OF DELHI w.P.(9) 3e1e/2010 DELH I TRANSPORT CORPORATION ..... Petitioner Through: Mrs.Avnish Ahlwawat, Ms.Latika Chaudhary, Advocate VefSUS t RAJO SAINI ...... Respondent Through: Ms. Kittu Bajaj, adv. CORAM: HON'BLE MR. JUSTTCE PRADEEP NANDRAJOG HON'BLE MR. JUSTTCE MOOL CHAND GARG

¶1Whether the Reporters of local papers may be allowed to see the judgment? To be referred to Reporter or not? n st'{., .a.

2.

¶3a Whether the judgment should be reported in the Digest? PRADEEP NANDRAIOG, I. For orders, see W. P. (C) No. L4027 12009. (PRADEEP NANDRAJOG) TUDGE (MOOL C AUGUST t O, 20LO mm JURGE AT NEW DELHI fz_€;_. n: I 2 -9q'r.,lr) : 70th Auausl. 207 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. Io >F IhT % ThIE HIGI.I COURT OF DELI-II AT NEW I EEt_t-il8 nt Deliv w.p.(c) r.4o2 7 noas DELH I TRANSPORT CORPORATION Through: Mrs.Avnish ChaudharY, VCTSUS t- ...,. Pet Ahlwawat, Advocate oner s.Latika II tUl M "i I sl':- I\4ADHU BHUSHAN ANAND Through: w"P.(c) +au2ala DTC Through: VCTSUS Ms.Kittu Bajaj, l-Mrs.Avnish Chaudhary, Ahlwawat, Advocate -t-SUDERSHAN LAL SHARMA Through: Ms.Rekha Advs. vlf"P.(c) s65/201-O DTC Aggarwal, Mrs.Avnish Chaudhary, M r.N.L.Bareja, Through: VCTSUS SURESH CHANDER . Through: utr. P. (c) s98/2oL0 ZILE SINGH Through: W.P.(C) No.L4O27/2009 & Connected Matters -r' DELHI TRANSPORT CORPORATION Through: . Mrs.Avnish Chaudhary, VCTSUS dent Lof27 pgn i I i I I P.dg'e '..... Res ,Adv. t\ .: Pet Mrs.Avnish Ahlwawat Chaudhary, Advocate \ w.p.(c) D.T.C. 754|ZALO Through: VCTSUS JAG SHORAN .Through: w.P.(c) 19O2/2OLO D]-C Throurgh: VCTSUS SURENDER KUMi\R Through: ..... Petition Mrs.Avnish Ahlwawat, ChaudharY, Advocate' . R.esPon Ms.Kitr:u ?.luj, Adv;. i t .-t-s.Latika nt-er M: I I I I db in/.P.(C) 22V412@LO D F.LH I TRAN SPO RT'CO RPORATI O N Through: Mrs.Avnisit ChaudharY, VETSUS st{.GURBACIjAN l-At- & oRS. Tlrrough: Mr.hl.L.Bareja, Adv. J. W.P.(c) 3919/20L0 er I fvls.Latika ..... Petition Ahlwawat; Advocate t. ..... Respon.dpnt-s i I Petitioner wawat, {vls.Latil< /ocare i i I RespondenL adv. i I i I Ii': n{ce z.oizt I I I I DELHI TRAhISPOF.T CORPORA'NON ..... I Throrigh: . Mrs.Avnish Ahll Clraudhary, Adv VCTSUS RAJO sAlNl Tlrrough: Ms. rcittu gujui, \1/. tl. {C) No.i4027 ! 2009 & co n nectecl Matte rs v l-w.P. (cl 42s12o10 DELH I I-RAN SPORT CORPORATION Through:. Mrs.Avnish ChaudharY, VCTSUS 'i t I ! ...., Petitibner Ahlwaurat, MP.Latilca Advocate SATYA PRAKASH KHURANA Through: Ms.Kittu Bajaj, ..... Petitiorl Ahlwawat, lt4 Advocate Respondent el s.Latilca - Ar r o\l v , t -t-w.P. (cl'7s6l2oLo DELH I TRANSPORT CORPORATION I-hrough: Mrs.AVnish ChaudharY, VCTSUS SOM DUTT Through: ' Ms.DeePali VU"p. (c) 832l2OlO DELHI TRANSPORT CORPORATION Through: Mrs.Avnish ChauciharY, I I ..... Petitionqr Ahlwawat, [/ls.Latika ..... Respon Gupta, Adv. Lgenr I I -F Advocate > J VCTSUS SH RAM AWAR SHARMA Through: '.... Mr:.S.N.Sharma, 'l Respon{ent adv. -t-w"P. (cl 7s21203-0 DEI-I-I I TRANSPORT CORPORATION Through: Mrs.Avnish ' Chaudhary, VCTSLIS . Petitioner . !, AhlwawaL, fvls.Latika Advocate I . I 'l ..... Resppnd0nt I. Vyas, Sikand, /,\dvs. I a J 'L'DHUPAPR rhrougrr: : W.P.(C) No.L4O27/2009 & Connected Matters Mr.Narottam Mr.Vikramjeet ge3 of27 \C> t -t W.P. (Cl 793:120L0 DELH I TRANSPORT CORPORATION Through: ' Mrs.Avnish . ChaudharY, VCTSUS BFIAGWATI PRASAD-I'hr"ough: Ms.Kittu vu.P.(C)'1334IaOLO D.T.C. Through: Mrs.Avnish Cltaudhary, VCTSUS sr-T.RAJENDER SINGH Through: ut .P.(ci 1386/2$10 DELH I TRAN SPORT CORPORATION -l-hrough: Mrs.Avnish VCTSUS 5I.I. NAN U RAN4 SHARMA Through: vt .P.(c) zosLlioro Chaudhary, ..... Petitioner Ahlwawat, M'd.tatika Advocate Responddnt Mr.N.L.Bareja, -t- ..... Petitio Alrlwawat Advocate n"i' , Ms.Latilca Atlv.' .{ -1' i,t,. t,. ( c) tno.ItlolT / 2009 8r co n n ected M atters D'I-C VCTSUS R/\NDFIIR SINGH Through: w.P.(c) 4906/20LtJ D ELH I TRANSPORT C-ORPORATION VCTSLIS RAMESH CHANID jAiN -l-hrough: ..... Petitione!r I I I ' ...., Respondent -l-hrough: Mrs.Avnish Ahlwawat, \Vs.Latika Chaudhary, Advocate I ..... Petitiorrtdr Through: Mrs.Avrtish Ahlwawat, Ms.l-atika . Chaudhary, Advocate i I I Pa ge+oizt Mr.N.L..Bar",., o[X]u l\ -t-w.P.(C) 46Ssfta].o DEBI SINGH Through: Ms.Deepali VCTSUS DELH I TRAN SPORT CORPORATION Through: Mrs.Avnish Chaudhary, ..... Petitioneri .l Gupta, Adv. i I I I .l ..... Respondent Ahlwawat, Ivls.Latika I I I I I I I ..... Petitiondr wed -t'' w. P. (c). 163e/201-o CHARANJIT BATRA Through: VCTSUS DEL.HI TRANSPOROT CORPORATION Through: Mrs.Avnish Ahlwawat, M,s'Latilca w.P.(c) 1729/2.0L0 CFIARAN IGMAL ChaudharY, Advocate i ThrouEh: VCTSUS DTC Advocate. .... Petitioner Ms.Kittu Baj'aj, Adv. i Ms.Kittu Baj;J; fetitionei i I .l I It't, I .l Respond,ent -t-Through: Mrs.Avnish Ahlwawat, t$s.Latika . ChaudharY, Advocate i "/ -t-w.P.(C) 3339/2010 D.T.C. Whether the RePorters of to see the judgnnent?

2.. To kre referred to Reporter or not? W.tr.(C) No.t4O27 /2009 & Connected Matters , ,hroush: H:ffil:,J, il'#?:rT, gs Latika VCTSUS PULAK MUKHERJI CORAM: t-toh!' B[-E MR. i [J STICE PR,ADEEP NANDRAjOG [-toN'BLE MR. JUSTICE MOOL Ch{AND G,qRG .. local paper.s.may be allo Paige 5 of 27 \( a J. Whetfrer the judgrnent should : be reported in the DiPest? With the promulgation of . the Delhi Mq nicipal (,orpclration Act Ig57 ancl the constitution of the Municipal corporation of Delhi, municipal functions in Delhi except NDMC 'area and the area fallinQ. under the jurisdiction iof the Cantotrment Board were vested in the. Municipal Corporation of Dellri, which included the function of providing public trgnsport irr the city of Delhi. As a separate wing of thb corporati;on, the Delhi Transport Undertaking was constituted with a sfparate Lrr-rtlget ancl separate s[aff. As the city of Delhi'g'e*,i it'was tl.rought advisable.to corpo ratize public transport in Delhi and t_l-ri.rs l_lre Dellri Transpcrt Corporation iruas formed as ia bctdy corporate and it took over the functioning of thj Dellri "l'fi:nsport Undertaking' The said Corporation had in iplace a c.ontributory Proviclent Fund scheme for its employges and rreedless.to state each rnonth a fix amount was deductgd fr-om l.fie salary of the emprloyees ancl with a .matching contribution I hy the corporation was creclited in the fttnd and'in the'accot:nt oi llre ernployee, wlto needless to state \^/as a-niennLlqr. of the (-ontribu[ory Provitjent Fund. The enrployees lot the Cor-poraiion agitatecj for long that the pension sclr"*F of the Government of lrrdia, whic.h was exterrded to the rritiniciOal enrployees be also. extencled to them and in respect of rryhich claim they lrad petitioned the Supreme.Court, when in the year

1.992 the Corporation qave an assurance to the Suprenle Court tlrat it would introduce a pension scheme for its "t{'loy*"', inclr-rding the retired enrployees and pursllant tlrereto issued - office order No.16 rjated 27.71.1992 notifying that a lpension :;(:heme stood notified which .would be'operated 'bf ithe Life W.P.(C) No.1'402712009 & Cortnected Matters I i I i Page 6 of27 J llt I rrsura nce CorPoration urrcler:- emPloYer's share. W.P.(C) No.L4O27 /2009 & Connected Matters of lndia (LlC). The office order reads i i a5 The introduction of Pension Scheme for the emptoliees of the DTC has been sanctioned .by the central ql"J and conveyed by the M.O.S.T. vide letter No,.RT-L2Orgl2rlg-B-rnc dated 23.II.92 as on th9 . sirmg " No.Adm -l'5(4)192 Dated 27.rti92 I"i Sub :|ntroduction of Pension Scheme in DT$ as applicable to the Central Govt. Employees' I LZV LJI Z-J-l ev t ;;ft"ilas tor the Central Govt. "Tployees subjeci to the following conditions:- I

¶1The pension scheme would be operated LIC on behalf of DTC. Pension Scheme woulO be bv, ''l the

¶3.All the existing employees including those retired w.e.f. 3.8.1981 onwarcls would have the option to opt for the Pension scheme or the Employees contribqto.ry provident Fund as at present, within 30 days fronl the date of issue of this O.O. fo.r the implementation o;f 'the pension scheme as approved by the Govt. of lndial.

¶2The date of e'ffect of

3.8.1981.

¶4The Pension Scheme would the new emPloYees joining DTC date of sanction of the scheme. be compulsory fPr all w.e.f. 23.Il-92i the PageT of27 "T L5 i

¶5The Pension Scheme would be operated bf tfre Ltc on behalf of DTC. The employees share in thg EPF Alc of the' DTC employees, who opt for Pepsion Scheme would be transfeired to the LlC, for operating. .i

¶6The employees who have retired on or aftbr 3'd August 1981 ancl the existing employees. who Inave OrJwn the employer's share, under the EPF Act, partly or wholly.shati frave to refund the same wi'lh interest in the errent of their opting fcir the Pension Schleme. 'Ihe total amount to be refunded by the retired emptoyees/existing employees would be the an\ount thal would have accrued, had they not withdrawin the fl

¶7Excess amount of gratuitY, employees and which is not Pension Scheme, will have to beFore any benefit under the tlrem if al/eady paid tQ ex-admissible underi the be refunde.d bY. them Scheme, is granted to'

¶9lf any of tne employee or ulL' wflu .uuel rruL exercise any option withirr the prescribed period of 30 Ju'r or. q.iit service or dies without exercisin! an opiion or whose option is incomplete or con$itionial,ot A due anci drawn statement would be prep;ared

¶8A due ano clrawn statement woulu Ve prepidr i=u in respect of retirerl enrployees opting for Pension Scheme and tlre amount to be paid/refunded, lvould be worked out by the concerned unit, wherefrom the employee had retired from service. lf any of the employee of DTC, whO doeq not ambiguous. He shatl be deemed to have opte$ the Pension Schenre Benefi ts. Application forms for exercising option woulcl be available with the unit officers and ali enrplQyees irrcluding retired employees wishing to exdr.cise optiot, ihoulcl rJo so witlrin the'Unit of ttreir. pl+1q1j worlcing/where frortt theV retired, wiilrin a period pf 30 clavs from the date of issue of this Office order. The Un.it Officers, after receiving the option fronn'the ex-enrployees, will take further necessary action for getti'"'g thu necessary forrns compieted, which will be supplied to thern by the LIC for Pension etc, they will also ensure the recovery of EPF and Giatuity from the Ex-ernployees before forwarding their applicatiops as rnentioned above. The cases of all officers will be dealt with at Fleadquarters. :/-r. The rrot and options received from the existing ernployees opi.ing Pension may be kept in their Pet-sonal entry made in their Service Bock." tor fi le regprds the I I to ;be paid I LOrporauon, ;).. A perusal.ol'the scheme shows that as retired employees, they had to specifically cpt 6iension arrd had to simultaneousiy refund to the flre employers''sltare L.ontributorY Provident received by them as. n-lembers cf the Fund . Scheme together witlr i'nterest W.P.((:) No.1402712009 & Connected Matters Pa[e 8 of27 I 'i i I I ,i I (vicje para 6 of the Scheme). As regards the existing erlployees, it was stated vide para 4, that the pension scheme would be compulsory for those who joined service unIer the Corporation with effect from 23.Ll J992 and as regaids the existing serving employees, vide para g, it was statbd that ilrose who cJo not submit any option would be deemeO f9 have optecl for the pension scheme. Thus; it is apparent'that as regards the existing employees of the Corporation wflo.were still in service when'the office order dated 27.'7f'rc?2 was 'promulgated, if they desired to continue to be the meqlbers of the contributory Provident Fund scheme they f "o to specifically say so, for the reason, their silehce was to be treatecl as a deemed option to opt.for the pension scheime and neeclless to state their positive option to opt for the irension scheme was alwaYs there.

¶3without working oul-the modalities with the Llc to vvorl< upon and implement the pens!on scheme and lwithout cornpleting the formalities of compiling the data asi.to .whA optefl or who had to be treated as tlre de'emed opteb under the pension scheme and who specifically. opted to continue to be a member of the Contributory Provident Fund Scheqne,.post ha:;te, the Corporation notified a voluntary retirer,nent lScheme on 3.3.1993 contents whereof read as under:- \(/ :f- "Sub:- Voluntary Retirement of Employees Tra nspo rt CorPo ratio n. of":Delhi .l i t '.' The lnatter pertaining to the introductiQn of voluintary Retirement Scheme for the employees has been qnder the consideration of Delhi Transport Corporation. Salient Features of the proposed voluntary RetiFQmeflt Scheme are as under:- 1-. ApplicabilitY: The scheme will be aPPlicable to ernployees of the corporation i.e-W.P.(C) No.1aO27/2009 & Connected Matters all. rigular workersj and i Palge 9 of 27 \1

¶2executives who are aPPointed vacancies in the corPoration. EligibilitY: against 'regular rules of the re'tires runder An employee nrust have completed ten-,Vqais af. service in tnis corporation or completed 40 yea'rs of age to qualify for consideration under the scheme. For this purporu, period of deputationiretentidn of lien in the parent office in lieu of deputation priior to {- urriorption in the regular service of the Corporition will be excluded.

¶3Conditions covering voluntary retirement'

(a) Voluntary retirement will be normaliy allowed only in cases of incumbents of the posts vyhich have been declared suirplus or redunpant' Houlever,',/oluntary retirement Scheme could also be allowed in other'cases dependiflg on the merits of each case and in the interest of the corporation.

(b) 'Voiuntary retirement cannot be claime,o-by any employee as a matter of right' i The corporation will have the right not to grant VoJuntary Retirement for reasons !q be recorded in writing. under n0 reasons will the relief under tlris scheme be allowed frprn a . date .earlier than the date of 'passini the orders. i ;

(c) An entployee in whose case any disciplinary case is pending will not be considered under this scherne until the disposai of the sanre- ;

¶4An employee who had taken voluntary 1etirelnrent will be etiginte to the following refunds/paynrerjts,- I

(a) Balance in his PF Acco.unt as Per rules of .! provident furrd applicable to hint.

(b) Encash ment of refused accumulated earned leave es Per -corpbration'applicable to him as if he the rrorrnal rules of retirement. lea're I and \Ai.P.(C) No.14027 /2009 & Connecied Matters eage tO of Zt ep

(c) Gratuity as per paymelt of gratYitY actland giatuity Rules of ttre corporation applicable to him. :

(d) Three month notice pay as is applicable in the individual case as per 'thb terms of hini/her "*piovtnun.- i

(e) An Ex-Gratia payment equivalent to i-ttZ month's basic pay plus DA for such comptgtg9 iye,ar of service timited to one monih pay multipliep OV in* nrmber of whose month of service left bqfore ; normal datb of retirement. i

(f) Expenses for travelling for the entitled clasp.for ir-.'" "1.nployee and his/her family comprising his/her ipout"'an-O dependent members from th" P]ii"-:l iliid; J"iii"JT; ;;; pru." *r'"'u he/she inienf s to settle down in India. DTC Boa rd . This issue with a uthority. "

¶4Needless to that those who oPt for tcl pension as Per the (vide para 4(g) bf the VRS Scheme). w.p.(C) No.I4O2'7/2009 & Connected Matters

(g) F'ensiosrary benefits as per of'fice ItIo"J.6 dt.2V"3.1.92. (Emphasis supplied) okder the approval of comPPtent state, the VRS Schetne clearlyinotified voluntary retirement would be ientitled office order NJo,16 dated 27.LL.1992 I I l' I I iage L1 of 27 All amounts due to th against the PaYments employee concerned dures/advances taken vol ur ntary retirement. e Corporation will be aiOlrls under (d) & (e) above anP should clear anY outsta4< before the date of effe-c sted I the ding :t of C Ernployees working oq the post of Conductor ip the Corporation are proposed to be covered unde,r the Voluntary Retirement Scheme in the first instance. Such Concluctors who are desi"rous' of seilcing voluntary retirement in the proposed Schemei rnay give their option in the prescribed Performa thriough Iroper channel within 15 days to be concerned Unit bfficer who r,vill forurard the same to the Secretary, 7\ ri-J.

16.3.1993 open, for Soon thei'eafter vide office memoranduml i the VRS Scheme notified on. 3'.3'1993 *uq offers to be submitted h'y all employees i i The officer memorandum dated 16'3'1993 dated made of the reads a Corporation. ;t:; t:nder:- ,,Now, it has been decidecJ t.o correr all the employees of the corporation under the ploposed Volunlary Retirement Scheme. Such emPloYees who i ule Jesirous of seelcing voluntary retirement 1n i tf'e p'opot"O scheme iluU give . theit, -oP-ti-o,n .,il,i^tl: b ref c ri Oed p rofo rm a th ro u g h lcro p e r th ? n n " l,,yitli: ^1: buyr to the cencerned Unit Officers,,ryho will forward the same to the Secretary, DTC Board'"

¶6when DTC notified the pension'. scherine on ?-'t .i.1.1gg2, the respondents of W.P.(C) Nos. 1402'). 2009;

4.0:t."/20.1-0, 565/2010, 598/201'0, 75412.0l-0, 19C)2/2010' ?.2'741?-010 (3 in number) and 391912010 specifically ofoted for Ll're rrension scherrte, 't The respondents of lW'P.(C) Ncrs.423 l2O1.O, -7561?010, B3212OL0, 75212010, 79),3120]-0 ' 7J841207A, 1386/2010 and 205!l2OlO cJicl not submit any cptions and hence were to be treated as deemed oplees for i It may Lre noted that the wfit petitioners ofi\ /.P.(C) : Nos. L63912010 and'1.729 1201.0 also did not submit anyioptions : aind hence would be cleemed to kre optees for ilension. i i B. lL may also be noted that the respondeni oflW P-(C) N1o.4906 t2070 and the writ petitioner of W.P.(C) No.46B91201-0 subrnitted their options expressly stating that they dci not opt for the pension .scheme, mqaning thereby, they i4tlicated pcsitively that they woulcl lil<e io continue to be mernbers of the Contributory Provident Furnd Scheme g. On different dates, but all in the year I1993 the .:.- perrsion. -a responcJents of ali tire writ petitions No.1.639 2A7.A, t'V.P.(C) No.1729 l2OlO W.P.(C) Na.1.402717009 & Connected N4atters i exceplt ;W.P.(C) I r r r n t, anci , W.P,(C) t. I ' Page L7of27 NIo.3339 l2olo and the writ petitioner of w.P.(c) No.46Bi9/2010 surbmitted offers under the VRS Scheme afore-noted and requested to be relieved from service'

¶10It is thus apparent itrat if request for vo;luntary retirement was accepted, the said respondents and t,[e writ. petitioner of W.P.(C) No.4689 120l'0, would ' or 'would lnot be errtitled to pension would depend upon whether t,h"y or anvone of them had specifically opted to co'ntinue under the ContriLrutory Provident Fund Scheme" We say so lot the reason, pertaining to the existing employees,. the pension sclreme rrotifiecl on 27.11J992 clearly stated that thoisei who specifically opted for the pension 'scheme ind tho$e who' subrnitted no option whatsoever would be treated as oqting for tlre pension scheme and only those who specifically oipted to continue to be members of the Contributory Provident Fund Scheme wouid not be treated as optees.under the pension sclreme ancl would co.ntinue to be retained ds memberb of the Corrtri br-rtory Provident Fund Scheme. Thus, it is apparent that the respondent of iW'P'(C) IK

11.

1.7, Ncr.z1906 I2OIO and the writ petitioner of W.P.(C) N a.468,912010, having exercised a positive option to continue to be rretained i a:3 ffiembers under the Contributory Provident I=und Scheme, cot-rld under no circumstance claim benetit under the ipension i sclreme. i ln the year L994, by and under a notification dated 5,I2.1994.; all employees of the Corporation except bfficers, l-raffic Supervisors, Tls, ATls, Vehicle Examiners and iDrivers, were given another chance to opt for Voluntary Retirefngnt by subrrritting letters of offer. The scheme notified statecii that all [erms as per the VRS Scheme dated 3.3.1993 would apply. But, the said notification expressly stipulated the' fbllowing conclition:- w.P.(c) No.1.4O27/2009 & connected Matters Paie 73 of 27 q-- y/ ,,[t is also notified f,or !nforn'lation of a[[ $uc[r ernployees who opt for vRs that they wouldl nelt be entitled to join Fension Scl1eme if tfi'leyi are allerwed retirecment unden VR$' Other sa;lient features of the proposed VRS will remain the san'ie as announced earlier vide this office circular d;ated

03.03.1993." (Emphasis added) it' i:1. On 23jr2.Lgg4 another circular .was i issued ex[encling the right to make offer by all the. emirioyees ! pr:rtaining to the vRs scfreme notified on "

5.1-?-1994.. T"Sereafter on 8.5.1995, to a specified category of emIloyees stipr-rlaterJ in the scheme were given the option toisubmit ot.f.errs under the Voluntary Retirement scheme. But there was I ap express condition therein that these employees wcjuld not Lre entitled to join the pension scheme. The writ petitioners of W.P.(C) Nos.763912q10 and ,l unoer tne pen5lon thereof had retired on lr0.7.1991 i.e. before the notification' i c.iateO 2-7.7.1..Lgg2 was issued'and as regards hirn, videi para 6, if he dicl not specificallV rrpt for the pension scheme uiithin 30 cJavs of the notification dated 21.11.1-992 he would Have got .: no benefit under the pension scheme for the reason on his .; .l .. Page t4 of 27

7.72gnA10, who were deemed oPtees sr:lrerne, having exercised no option at notificartion date d 21.11.1992, submitted retirecl orr 4.1.1995 and 17.10.1995

1.4.

¶15I all pursuant to. the ; offer to-be voliuntarily -fd put it in a nut-shell, all employees tt1lho are (:' lit.iclating under the various petitions either as the pietidioner or I as the respondents, .except the two petitioners of iW.P.(C) Nos.1639/2010 and l72g/20]r0, submitted offer letteis to be volr-rntarily retired under the VRS Scheme notified on 3l:.f g.9:, I wlriclr contEined the ternts of the scheme and as eNterrded fronr tinre to time iri i:he year 1993 , As regards W.P.(C) No.3339 l2O.7O, the resi:orrdent W.P.(C) No.I4027/2009 & Cc,nnected N4atters retirement he was paid over the dud i.e. the amourit to his credit under the Contr:ibutory Provident Fund Scheme' i t-taO tre .exercised such an option he was obliged to have refurjded the rnanagement's contribution credited to his account under the' Corrtributory Provident Fund Scheme i .l Tl.Thus,wecanconvenientlysegregatethel'itigating parties in three compaftments. Those who exercised option For-voluntary retirement in 1993' Those *n:^:*"tt',t"i9,,option f.or-voluntary retirement in the year 1995. Laptly the res$ondent of W.P.(C) No.3339 12010 whose case t1?t to be dealt with de-hors the Voluntary Retirement schemes' :l-tJ. We deal with the grievance of . the Coriporation' .r_(). , rr- | \. pertaining t.o w.P.(c) No.3339 :2OIO, the respondentlwhereof lrars got benefit from the Central Administrative ifribunal' rnrlrere vide order dated 15.1..2010 his' claim has beeri allowed by lrolding that he is a deemed optee for pension as per the I pension scheme notified on 27.11'1992 ;

¶19No discernable reasons are fdrthcoming from the I clecision of the T'ribunal save and except that the Tripunal has treated his entitlement in terms of clause 9 of the pension sclreme dated 27 .:.,:r.Igg2, ignoring the fact , that iclause ? appliecl to the serving employees of DTC atrci ih rbspect of those who had retired prior to the promulgatioh of the notification dated 27.Il,.Lgg7., were required to eSercise a positive option to be given pension with concomitaint act o'F refr-rnding the management'S share received by them under the contributoryr Provident Fund scheme, vide parai 6 of the notification clated 27.11..1992. Indeed,.this has beel so held hy a Division Bench of "this coutt in the . decisibn. dated

16.3.2000 in LPA No.33/199A nC ttS. Sn'BainCbg,haraav & Ors. which decision has..been upheld by the Supremg Court in W.P.(C) No.L4027 /2009 & Connected Matters .l ;- Paee LS of 27 I. decision ee

¶20Thus, as regarcls W'P'(C) No'3339 2AJ0 is' concerned, noting that the respondent therein could inot be . [reated as a deemed optee 'for the pension scheme andihaving rrrrt specifically opted for the pension scheme anO ihaving" received all dLles payable to him when.he retired. as bef the atTlourrt. lyitrg to his credit as a member oi the ContrlibutoW' provident Fund Scheme ancl obviously he having not opted for tire pension scherne ancl thus not having returngd the managernent's contributtion perta!ning to him ancl as qredited in l-ris account .as a member of the corrtributory provideht Fund Scherne, said respondent wOuicl have no case at all' : Thus, W.P.(C) No.3339/2010 is allowed' lm'pugned 7t. ?3. iurlgment and or'Jer dated 15.1'.2010 allowipg TA Nlcr.1209 l2}0g is set aside and TA No.l2OglZOOg is disniissed"

¶22We take up the case of the petitioners of |W'P'(C) Nos.1639/2010 and .L729120I0, who were in service as on I 2-1'.ILIgg2 and did not surbmit any option .under the noLification dated 27.1.1.1992 and henCe vide clause 9i thereof wourld be treated as deemecl optees for the pension sc{.eme. As is noted' hereinabove, these two respbndents aprplied to oe rrolunta:ily retired by submitting oif"r, on :

4.1..1995 anrl 17.10.1995 respectively. lt is further to Qe noted I tSat by then the vol.untary retirement schentes. notifiefl earlier l-rar1 lapsed and they could seek voluntary retirernenf as per the scheme notified on 23.1,2.1994 and 8.5.1995 iespfectively i.e. the VRS Schemes notified prior to the dates.4'1'1995 and l'i.10.1995. As is notecl itereinabove both .schemeis unde.r wliich the5r applied specifically excludecl entitle{ent for pension inasmuch aS the two schemes clearly stated tha't enrployees opting for voluntary retirenrent under fh" two I reported as (2001) 6 SCC 61 iation & Ors. Vs. DTC & Ors. W.t'.(C) No.1aO)712009 & Connected Matter-s Paie 16 of37 schemes would not be entitled to pensign; und as regards the otlrer terms and conditions it was mentioned that the same wr:ulcl lre as per the sche,me notified on 3.3.1993.

¶24It is apparent that the terms of the VRS ,Schqme rrol-ifiecl on 3.3.1993 are incorporated by reference ur:'rder the VRS Schemes notified on 23.L2.I994 and 8.5.1995i except clause 4(g), for the reason in the two VRS Schemes in qr-restion, there is a specific reference to not being enlitied to pension. We may re-note the conditions/terms of the Said two schemes with reference to the language which ekpressly statecl that it was notified for information of the eniployees t.lrert all those who opt for VRS under the two scheme: would rrot be entitled to join the pension schemb if they areiallowed t:o retire under the said schemes and that otheri salierrt f'eartures of tlre scherne would be the same as per tfie office circular dated 3.3.1993.

¶25lt may be noted that the pension s'chemeinotified a1 ?-7.IL.1-992 could not be inrplemented because LIC backed' out arrcl it was only on 31.10.1995 did the Central Govbr:nmen'L provide the necessary fund and only. thos.e empioyees who ?';t-retirecl after 1.11.1995 started receiving pension. in other rnrorcls whether or not pension would have been paid r-irnuined inclroate till 31.10.1995. I ; Having retired pursuant to the VRS Schemes rrotified on 5.I2.1-994 and 8.5.1995, we see'no scope for'[he petitioners of W.P.(C) Nos.1639/?-01-0 and 1729DA7'A to be entitled to receive any pension and we hold that the iJribunal lras correctly dismissed their clainr petitions ;

¶27To be fair to the said writ petitioners, we Tay note

¶26that the only submission urrged by their counsel was ;ttrat the .i orders relieving them and enclosing tlu amount iying. to their credit in the Contribut8ry Provident Fund Sche." tul"rrecl to W.P.(C) No.L4027 /2009 & Conrrected N,latters ge t7. of 27 Pa /\( ctrv IhefactthattheyWerebeingretiredaSpertheVRS$cheme cJatecl3.3..lgg3arldaSextendedtoalltheempl.oYeeson l,6.3.lgg3.Predicatedthereonwasthesubmissionthbtthese e|npIoyeeshavebeentreatec|aShavingvoIuntaril!retired r-tncler the VRS scheme notified on 3'3'1993 which sta;tetl that 6rerrsion would be Paid'- Suffice would it be to state that a bare pqrusal of ?.8. Suffice would it be to state tnar a udre uT''- i-he orclers refei'rerj to by learned counsel' evidencp that a . -: n.. n.." , te Pertainqd to the printed proform.a has been used' The san ,. ear.lier vRS Sclremes, lt. is settled law thai riQhts are rJe:termirrecj not r'vith reference to the ianguage of the 11ofo1a br.rt the statute or the scheme applicable' The laid two 1:etitionerssubnritteclofferstobe.voluntariIyreiiredqnderthe sclrenres notifiecl on 5 .I2.lgg4 and 8'12'1995' Furtfrer' they ' which inclLded tlre rTianagement,ssharei.ntheContributoryProvidentFr-rnd l\ccoutrt.T.hesechequesWerereceivedbythemonll.3.1995 ;tnd 31.10.1995 respectively. T!^.ey encashed the icheques," \/\/e rrray note tlrat these two petitioners had filed writ petitions irr the year 2005 and 2OO7 respectively laying a ictaim for pension which were transferred to the Qentral Aclrninistreitive' 'I'ribu'al and registered as TA 'No.6B9/2009 i anO TA'' Nio.1385 f,:A}g respectively, which have been ciismissed by the ]-ribunal vicJe impr-rgned orcJer dated 23.9'2009 ThP claim of tlrese writ petitioners woulcl 'even otherwise be barr'ecl by'the law 9f limitation. The principle that right to recei''re ipension is a continuous cause of action is not availabl,e to them inasmuch a5cltto.tlrern,t.heissueWaSwhetirerlheyWereentltledto r-eceive dues as per Contributory Provident Fittid sclreme or r-rnclertheperrsionscheme.TheyWerepaidful|.duesw}reri t-lrey retirecj on 31..3.1995 and 31.10.i995 respectiYely as per t.rre contributory Provident Furrd scheme and if thqy l-iad anf vV.P.(C) Nct.1aO27!2009 & Crnnecled Matters Page L8 of 2.7 j .l i, .f grievance pertairiing to the same, it had to be broughit a Competent Court within at most 3 years thereafter'

¶29disrrrissed.

¶30Thus, W.P.(C) Nos.1639/2010 and 172912p70 are t. i Pertaining to the remaining 18 writ petitiions, we ry.lay divide the same into 3 further categories whichiemerge trom tlre facts noted by us in para 6 and B above. The said 18 writ petitions are divided: Category 1-Respondents o{ W P.(C) Nos. I4O27l2}0g. 40 :rl2o[}, 565/2010, 598/2010, 75,{2010, l.g\zPAIO, 227 412010 and 3919/201 0 who specifically opted for the pension schemes when they submitted tlreir bffer for being voluntarily r"etired as per the terms and cgnditions rrotified in the VRS Scheme notified on 3.3.1993 wfich was rnade applicable by reference to the subsequent schemes : nr:tified in the year 1993. Category 2-Respondents of W.P.(C) Nos.423 l2O]O, -75612010, B32I2OI0, 75212070, 793120L0, l:l84/2010, 1386/2010 ancl 2051/2010 who 'traviing not submitted any options have to be treated as deemegl optees l=or the pen5ion scheme when they submitted their loffer for beirrg voluntarily retired as per the terms and-conditio.ns -I notified in the VRS Scheme notified on 3.3.1993 which was rn;lde applicable by reference to the.subsequent schemes rrotified in tlre year 1993. Ca'Legory 3-Resporrclents of W.P.(C) I Ncr.4906 I2OIO and the writ'petitioner of W.P.(C) No.4QB9l201,O vvho specifically opted to be retained in the Contributory Pnrvident Fund Scheme i I 3 t. We take category 3 first. Surprisingly,.one ilaimant being the respondent of W.P.(C) No.4906 /20IA has suicceeded hefore tlre Tribunal. and the other i.e. the petitioner of W.P.(C) Nlo.4689|2OLO. has lost, notv,rithstanding their casds being identica l. W.t,.(C) No.1"4027/2009 & Connected Matters before *f-Pdge !9 of 27

¶32Having perused the reasons given by the Trip'ttnal in i favorrr of the respondent of W.P.(C) ltJo.490612010 as pier para 2:;1. af the impugned order dated l'3.4.2010, suffice wou'ld it be ro state that the Tribunal has gone off at a complete !angent by reFerring to some policy cjecisions dated 30.4.1993 and

7.:1.1993 which refer to those who have given no;.,option whatsoever to be treated as optees under the irension scheme. We fail to urrdersiand as to how said clecisigns can apply to the responclent of W.P.(C) No.4906 1ZO\O who s6lecificalty opted to be retiined as a member unf"r" the CorrLributory Provident Fund Scheme. Noting further tllat said respOndent received the full amount payable to hirrn-as a rnr:rnber of the Contributory Provident Fund Scheme whicl'r included the managemertt's contribution in the fund pe'rtaining to his account, it would be another reason to hold against him aird lastly tlrat having retired in the yea,r 1993 anc! leceivecl full clues in tlre sarne year he could not rake up the issye when he filet1 oA No.2053 lz0og in tlre year 2009 before the irib.unal. i \l\/e concur with the reasoning given by the Tribunal pdrtaining tcr tlre writ peLitioner clf Vil.P.(C) No.4689l207O wlren OA Nto.237 Ll200g fited by him was dismissed vide orddi-dated

18..2.2010. .1r:1. Thr-rs, W.P.(C) No.4-68912010 i5 dismissed.

¶34W,P.(C) No.4 906120'L0 is allowed. Tl're rrrcler cJated 13.4.'2A10 allowing OA No.2053/2009 is zrncl OA No.205312.0A9 is disnrissed. I I .lrmpugneo I !se'c asl0e I iegoi^5f 1 and :15. l-!'re cla.im of the respor'ldents in categoi^\? I and categlory 2 may be taken up together for the reason iwhethe,' they exercised a positive optici,n to be brouglit uridei-the l. pension scheme or having exercisecl no optiofr wlratsoever and lierrce as deenred optees Lreing brought tincJer the'lpension sclrerne, their status wor-ild be the same as entitleb Io be W.P.(C) No.1.aO2'7 /2.009 & Connected Matters I i . F a;ge ?-Q of 27 brought under the pension scheme under the . notifiqation clated 27.lI.Lggz. since all these respondents applied for beirrg voluntarily retired when the scheme notified on 313'1993 was extended from time to time in the year 1993, they certainly would be entitled to pension for the i'easonl clause 4(g) of the scheme notified on 3.3.1993 clearly statbd that s'clr persons would be entitled to pensionary benefitb' But' [lr.ere are certain further facts which need to be noted qua tlrenr. The case of the corporation is that having opteb under tlre pension scheme or deemed to have opted under the perrsion scheme, the said respondents specifically odtect out frclm the pension scheme and by the time they retirep under I t5e Voluntary Reiirernent Scheme, the pension schefne lud rrot been formally brought into effect (as noted abovb it was iormally brought into effect for the retirees who retiled post

1.1..t.1995), they filed applications specifically sta'ting that they intend to opt out of the pension scheme ?nd ne ret{ined as ' nrembers under tlre Cr:ntributory Provident Fund Schdme anQ thus on accepting their offers to be voluntarily ret;ired tlu corporation paid over to them no! only their sharl in the contribr-rtory Provident Fund Account but evpn the rnilnagement's share, wlrich they acceptecl withoert deimuir and l-rence coulrJ not rake up the issue after 12 to 15 yiears i'e' when tfiey filed either wriL petitions ip this Court which were I transferrecl to the Central Administratirre Tribunal i ol filed Original Application's before the Central Admir,iistrative l-ribunal.

¶36respondent of W.P.(C) No. 1402712009 submitted a letter dated

2.3.1995 specifically stating that he cloes not want to opt for tlre pension scheme ancl desires his dues to be paid a;s per his . t ^, ^ , ^\ l cpF Account. The respondent of w.P.(c) No.565/201q likewise W.P.(C) No.'LaO27/2009 & Connected Matters eua these respondents, it may be .noted ittrat the. .) { sr_rbmitted a letter on L2.7.1gg5. The respondent of 1w:P.(c) No.59B/2010 likewise submitted a letter in the year fQ9+ and reaftirmed the said fact in t5e letter dated 5.11.199b' The' respondent of W.P.(C) No.7 54t2.010 likewise submitted la lgtter orr 20.4.1995. T'he responclent of w.P.(c) No'19Q2 12010 liicer,vise submitted a letter on 14 .7.Lggs. The 3 respilndents of W.p.(C) No.227 4.2A1Ci likewise submitted lettprs on

11..3 .Igg4, 15.3 .Lgg4 and 9.6.1995 respectively' The responcletrt of W.P.(C) No.3919 l2Oi1O likewise sunmifted q lr:JlJr.JllwrurrL v' I leil.er on 22.7.1996. -l-he respondent af w'P.(c) No '4?3120l-0 f likewise sr-rbmitted a letter on 5.10.1994. The respo4dent of \A/.p.(C) No .75612010 likewise submitted a letter on 1$ 3'tgg4 ?rs claimed by the DTC but denied. by said respondelnt' \it/e note tlrat-DTC has pro6uced sai6 letter ancl adc1itionially has I reliecl upqn a list pre'pared on 12.4'!994 where the -name of . sarirJ responclent is at serial No.11: ancJ notes his opting outfoi' perrsion. The responcent of w.P.(c) . N o.83212010 jlikewise sr-rbrnitted a letter on 5.9.1995. The. respondelt ofi W.P'(C) Nio.752l2010 likewise submitted a 'letter on L1..1.fg'g:. The I re:;pondent of W.P.(C) frlo. OU201O also opted ou+ af the pension scherne, though tlre date when he did so is not on l-S:rlOl-d. _17 . It may tre noted that ail aforesaid 'respiondents €jxcept the respondent of W.P.(C) No.756PA10, rruho cl,ainrs not ! tcr have written lettei'dated 15.3.L994, and the respoindent of W.P.iC) No .401.n010 who is silent on the aspect of hiis having I opted out i,e. has chosen not to rebut the pleE of the {-orporatiorr that he opteci out of the. pension schenhe, have pleatJed that they wrote the letters out of compulsion lbecause iI was uncertain whether at all the pension schenre rivould be I irrtrocluced and there was complete uncertainty inrhetlher-at all W.P (C) No.itl02'112009 & Connected Matters P,age 22 at 27 scheme would be introduced and l:lrr= pension wftich date.

¶38W.P.(C) Noj,4027/2009 & Connected Matters Qua the stand taken by the respondent of W'p'(C) i LJ"7 ye5, from No.756/2019, suffice would it be to state that OIt has procluced the letter written by him under his signaturesf lt is a I 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 anO thpreafter received the cpF dues and kept quiet till he filed a writ'petition in this court in the year 2008 which was transferred to the .I Cerrtral Administrative Tribunal in the year 2009 uind was' registerecl as TA No.l44gl2}Og. i

¶39Proceeding fr-rrther, we note that the pleadihgs qua when the respondents of W.P.(C).Nos ' 79312010,,1384120L0, 1386/2010 and W.P.(C) No.205 112010 submitted appiications to opt out of the pension schemes are not clear, but it is not in rlispute and it is the joint case of the Corporation asi well as' saicl respondents that they i.e. the respondents of the $aid writ petitions subsequently opted out of the pension schdme"and I received all dues under the CPF Scheme. They dtso clbim that tlrey dicl so because it was not certain as to wheth5r at all pe:rrsion scheme would be brought into force when they volr-rntarily retired in the year 1993

¶40In a nut-shell all these respondents plead that they were under compulsion to opt out of the pension schelhe after .l they had submitted their offer to. be Voluntarily retilred.un9 al'ter the same was accepted and they stobd i retired; cotxpulsion being the uncertainty of pension being qaid and tlreir pressing need for funds. The legal argument Pbuunced .! elge 2z of zt fi by them is that once their offer for beiq"g compulsorilyiretired ' was accepted, the contract stood concluded by the acceptance of the offer and the terms of the contract was as conteiined in the VRS Scheme notifiecl on 3.3.1993, which specifjcally stated l_hat such retirees would be entitled to pension. Thev claim that later on, the conti'act could.not'be modified and thUs their sr,rbsequent letters to opt out of the pension schelne and ' revert bacl< to the cPF scheme could not be.accepted. ;

4.1.. The argument of the said respondents huF to be noted a'nd rejected for the reason nothing prevenfed the. p;rrties to novate the contract. lt is settled by now tha,t a VRS Scheme has an element o'f contract. The,VRS Scheme is an in'riitation to offer. The employees make an o'tfer, ulder the :;cheme being, to retire on the terms notified as iner the' schente. On being accepted, the letter of offer resul{s in the contract being concluded and the employees becomeientitled tr: the clues as per the VRS Scheme. But, nothing prevpnts the parties to novate the contract. ln the instant case the lcontract g;ot novated urhen the said respondents wrote that.in,stead of being paid pension as per the scheme they be paid qhd due.s as per the CPF Sclreme and thereafter they received even the \ tTr;tnagement's share under the. CPF Scheme. lt is settled law tl-rat one manner of accepting an offer is to perfprm the .l obligation to be performed as per the offer. Thus, ?11 *uking payment under the CPF Scheme the Corporation acceipted the gffer of these employees to forego claim for penSion and 't: instead entire due under the CPF Scheme be paid' i /+'.7.. There remains then the issue to be decided;whether ilre said respondents were under a compulsion and if yes the affect thereof. /t3. The compulsion alleged by them.is the untertainty of pension being relea5ed. As noted hereinabove thQ pension I . \ /.P.(C) No.1,4O27 /2009 & Connected Matters PTCe 24 of 27 i i I I scheme notified on 27.LI.\gg2 could not take off beca'use LIC clicl not fund the scheme.as envisaged and later on the iCentral Government agreed to fund the scheme on 31'10'19i95 and inclisputably those who retired after 1'11'1995 weTe paid' pension. Thus, the compulsion resulting as the consd,Quence of tlre uncertainty of pension being released, which mdy have ..; been uncertain when the said respondents opted rout to receive pension and reverted to receive benefit und,er CPF' came to an end on 1.11.1995. The silence "1 these respondents for periods ranging from 12 to 15 yearls when r., they tool< recourse to legal action is clearly inditative Of there being no compulsion. The silence of these respondentsi speaks for itself. lt is apparent that with the p.assage of timre these respondents became clever by a dozen and thought iivhy not tal<e the benefit of a few who likewise went to CoUrt and obtained relief, by pulling wool over the eyes qf the Gourt by plr:acling that their act of subsequently opting outi of the pension scheme was meanifgless because the contrapt stood concluded,' a submission which was accepted by the Courts without considering the further issue of contract being / \ novated.

44.. i In our opinion these respondents have nio claim i wlratsoever to receive pension. They novated the conitract by volition when they subsequently opted out of 'the iPension, scheme and DTC acCepted the same and paid to th{m even l-[e management's sh.are in the CPF account. Their cldtirns are lrit by delay, laches and limitation. They are not enfitled to .l plead that right to receive pension is a continuous lause of acl:ion, for the reason, in law either pension Can be.recjeived or benefit under the CPF account. lf the managemen! forces clown the gullet of an employee payment under'if'u CPF I Scheme and the employee desires pension he has to approach .l W.P.(C) No.L4O27 /2009 & Connected Matters Paige 25 of 27 ,a{, Lfre Court or the Tribunal within a maximurn per:iod

¶48tceirrg tlre limitation presiribed to file a suit. i

¶45That apa.rt, if it was the case of the respQ tlrat they were compelled to opt out..of pension schq account o1, the uncertainty in the implementation i perrsion scheme, they ought to have sought a declaration that Lheir act of opting out of the pension scheme be declaied null ancl void, being out of conrpulsion and for said praybr they r.lught to have made the requisite pleadings entitlinO tlirem for surclr a cleclaration. Needless to state an act out of corr1pulsion is a voidable act and not a void act.' The responde'nls have. adrnittedly not done so. lt is only in the rejoinder filed pv them to the reply to their respective oA that a bald plea h5s been set for"rh that they acted out of compulsion when theg oul. of tlre Pension scheme. I tl6. Accordingly, we hold that the said .writ qe Irave tcl be allowed. I I 47 . We allow W..P.(C) Nos..1402712009, 19U2010, s6s/2010, 598/2010, 75412010, 190212010, 22Y 412010 3919i2010, 423120i0, 756l2OtO, B32nAlA, 7\212010, -tg3lzoL}, t.3B4l2OL0, 1386/2010 and 2051/?010 Pnd set asicle the impugned orcjers dated 30.6.2009, tiU.2009,

3.g.2009, 23.9.2009,'25.g.2009, 8,10.2009, 13.i0'2009, .l

4.7.L 2009 and 26.11.2009 i.e. the singular or composit,e orders clisposing of one or more Transferred Application or"lOriginal npplication before the Tribunal and as a consequ"n.ul dismiss all the Transferred Applications or Original .Appilicatiotrs allowed in favour of the respective respondent(s)' To summ arize tlre 21 writ petitions.stand disposed of as under:- /\ W.P.(C) No.1639 l20LO, W.P.(C) \ff.P.(C) f'1o.4 68912010 are clismissed' w.P.(c) Nd.t+ozl1z009 & Connected Matt€'rs of 3 years n,dents me on of the opted \, titions ? \ l\r-..172912ql.0 and .t i I 't l Piige 26 of 27. B. \j "It w.p.(c) No.1402 1'l20og, w.p'(c) No'40izoro', t W.p.(C) No.565/2010, W'P'(C) No'598/2010' It P'(C) Na.75412910,w.p.(Q)No.1902|2OLo,W'P.(C)No,2274|2010 w.p.(c) No.391glzoto, w.P.(c) N'o.42312010" iw'P'(C) No.756/2010, W.P.(C) No'832/2010' W'P'(C) No'7521201-0' VV.P.(C)No.793/2010,W'P'(C)No'138412010'iW'P'(C) No.13B6 l20to, W.P.(C) No'205 rl2O:IO ' W'P'(C) No'4966 20l.0 I and w.p.(c) No.3339 l2o:-:0 are allowed and the im;Ruoneo and vv.l-.(L) l\u.JJJrlz-\rr'v q'v -. I orders passed by the central Administrative Tribunal which are challenged in the'said writ petitions are set aside ?nd the orders passed by the central Administrative Tribunal which are respective Transferred Petition or original Application are cJismissed. /+g. There shall be no orders as to costs' JUDGE /\IJGUST L0, 20LO rnm \ru.P.(C) No.I4O27/2009 & Connected Matters ge27 of27 I I I Ilr t. Pa I I I I I it' I I I I