Delhi High Court - Orders
Bses Rajdhani Power Ltd vs Kewal Krishan & Ors on 5 September, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Sanjeev Narula
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 575/2023, CM APPL. 39925-39928/2023
BSES RAJDHANI POWER LTD ..... Appellant
Through: Mr. Sandeep Sethi, Senior Advocate
with Mr. Anupam Varma, Mr. Nikhil
Sharma, Ms. Manu Tiwari,
Ms. Shreya Sethi, Ms. Riya Kumar
and Mr. Vikram Dalal, Advocates.
versus
KEWAL KRISHAN & ORS. ..... Respondents
Through: Mr. N.S. Dalal, Ms. Rachana Dalal,
Mr. Alok Kumar and Ms. Sweta
Kadyan, Advocates.
Mrs. Avnish Ahlawat, SC with
Mrs. Taniya Ahlawat, Mr. Nitesh
Kumar Singh, Ms. Laavanya Kaushik,
Ms. Aliza Alam and Mr. Mohnish
Sehrawat, Advocates for R-8.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 05.09.2023
1. The present LPA is arising out of order dated 23rd May, 2023, passed by the learned Single Judge in W.P. (C). 14448/2006. Appellants are aggrieved by the direction contained therein to grant pension to Respondents No. 1 to 7 - who have taken voluntary retirement, along with arrears and interest.
2. Mr. Sandeep Sethi, learned Senior Counsel appearing for the Appellant, states that the Respondents exercised their option for voluntary This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:20:47 retirement as per the Special Voluntary Retirement Scheme, the "SVRS- 2003" issued by Appellant, and their applications were accepted. Further, he has drawn the attention of this Court to Clause 4 of SVRS-2003, which deals with benefits to be conferred upon an employee on voluntary retirement, and Clause 4.1.5, which makes it clear that the pension would be, "as per the rules payable by DVB Pension Trust". It is not disputed that Respondent No. 8-DVB Pension Trust is guided by the CCS (Pension) Rules, 1972, which provides for grant of pension only on completion of twenty years of qualifying service. Mr. Sethi contends that the learned Single Judge has allowed the writ petition by directing grant of pension to Respondents, who have not completed twenty years of service.
3. Per contra, learned counsel for Respondents has drawn the attention of this Court towards the judgment of Hon'ble Supreme Court in National Insurance Co. Ltd. & Anr. v. Kirpal Singh, (2014) 5 SCC 189, to counter the Appellant's case. This Court has perused the aforesaid judgment, which is in respect of National Insurance Company wherein a scheme for voluntary retirement i.e., SVRS of 2004, was before the Hon'ble Supreme Court. Although there was a specific provision for grant of pension on completion of ten years of service in SVRS of 2004, however, no such provision has been brought to the notice of this Court in the present case.
4. In view of the above, Mr. Sethi has been able to make out a prima facie for grant of interim relief. The operation of the impugned judgment shall remain stayed till the next date of hearing. Learned counsel for the Respondents, shall be free to file a reply, if any.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:20:47
5. List on 18th October, 2023.
SATISH CHANDRA SHARMA, CJ SANJEEV NARULA, J SEPTEMBER 5, 2023 nk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:20:47