Central Administrative Tribunal - Delhi
Hari Kishan vs Delhi Transport Corporation, Govt. Of ... on 8 May, 2018
Central Administrative Tribunal
Principal Bench, New Delhi
O.A.No.949/2015
Tuesday, this the 8th day of May 2018
Hon'ble Mr. K.N. Shrivastava, Member (A)
Hari Kishan, 60 years
s/o Sh. Sukhbir Singh
ATI, Token No.21589
A-55, Vikas Kunj
Near Indira Puri
Ghaziabad / UP
..Applicant
(Mr. Anil Mittal and Ms. Komal Aggarwal, Advocates)
Versus
1. Delhi Transport Corporation
Through its Chairman - cum - MD
I PEstate, New Delhi - 2
2. Depot Manager
Delhi Transport Corporation
Yamuna Vihar Depot, Delhi
3. The Regional Provident Fund Commissioner
Office of the Regional Provident Fund Commissioner
Employees Provident Fund Organization
28, Bhavishya Nidhi Bhawan
Wazirpur Industrial Area
Near Ashok Vihar, Delhi - 110 052
..Respondents
(Ms. Aarti Mahajan Shedha and Mr. Manoj Kumar, Advocates for
respondent Nos. 1 & 2 - Nemo for respondent No.3)
O R D E R (ORAL)
The applicant joined the Delhi Transport Corporation (DTC) on 25.04.1979 and retired from service on 31.01.2015. At the time of his retirement, he was holding the post of Assistant Traffic Inspector (ATI). The respondent Nos. 1 & 2 - DTC brought out a Pension Scheme vide Office 2 Order No.16 dated 27.11.1992. In terms of paragraph 9 of the Office Order, "If any of the employee of DTC, who does not exercise any option within the prescribed period of 30 days or quits service or dies without exercising an option or whose option is incomplete or conditional or ambiguous, he shall be deemed to have opted the Pension Scheme Benefits". The applicant, in terms of paragraph 9 of the ibid Office Order, came under the category of 'deemed optee'. The respondent Nos. 1 & 2 - DTC, in the service book of the applicant (p.15), have also noted 'pension optee'. Furthermore, in their intimation letter dated 22.07.2016 (p.13) to the applicant, informing of his due date of retirement being 31.01.2015, they, inter alia, indicated as under:-
"He has opted for DTC pension scheme. His nominee is Smt. Saroj Devi (Wife), as per record."
2. The grievance of the applicant is that the respondent - DTC later turned volte-face and hastily issued a Corrigendum dated 15.01.2015 (p.14), which reads as under:-
"In the notification issued by this office vide memo no. YVD/PFC (C&S) dated 22.07.2014 in R/O Sh. Hari Kishan S/O Sh. Sukhbir Singh, A.T.I., P.T. No.21589, the status of pension may be read "Not opted" for Pension Scheme instead of opted for pension."
3. The ibid Corrigendum apparently was issued on the basis of an Office Note (p.17), which reads as under:-
"On checking of the entire records of Sh. Hari Kishan, ATI, Token No.21589 observed that the employee is covered under Employee Pension Scheme 1995 (EPS'95). Inadvertently, on the retirement letter, it has been mentioned that he is opted for DTC Pension Scheme. Now, the fresh letter for not opted for DTC Pension 3 Scheme after rectifying the mistake committed inadvertently has been prepared."
4. The applicant has also obtained certain information under Right to Information Act, 2005 (p.20), in which the respondents - DTC have informed that the pension option form of the applicant, in response to the Office Order No.16 dated 27.11.1992, is not available in the service records of the applicant.
5. The applicant has further stated that vide his letter dated 05.08.2014 (p.22), he has written to the Depot Manager, DTC, Yamuna Vihar Depot that EPF deductions from his salary have been made incorrectly and the same may be got refunded from the Regional Provident Fund Commissioner (RPFC) and deposited with interest with the DTC Pension Trust, so that he could get pension after his retirement. Acting on the letter of the applicant dated 05.08.2014, the respondents - DTC wrote to RPFC- 2, vide letter dated 14.11.2014, which reads as under:
"As per letter No.YVD/Dairy No.3050 dt. 13.10.2014 of the Depot Manager, Shri Hari Kishan, ATI, Token No.21589 is entitled for DTC Pension. But due to inadvertently of the dealing assistant, the deduction of contribution towards EPS'95 of the above mentioned employee has been made for the period 1998 to Dec. 2012, the total amount of which comes to Rs.79787/-. The employee is going to retire in the month of Jan. 2015. The employee has submitted a representation stating therein the amounts towards EPS'95 has been deposited with the RPFC inadvertently may be got refunded so that he may deposit that amount with the DTC Pension Trust and he may get the pension in time.
It is requested on the above subject that an amount of Rs.79787/-, which has been deposited with the RPFC inadvertently may be refunded to PF Section (HQ) so that the employee may get his pension in time."4
6. The RPFC replied to the DTC's letter dated 14.11.2014 vide its Annexure A-10 letter dated 05.02.2015 as under:-
"Subject- Regarding erroneous deduction of EPS-1995 by the establishment in respect of employee Shri Hari Kishan Bearing A/C No.DL/171/21589.
Ref - RTI application received in respect of Shri Hari Kishan Bearing EPS A/C Number DL/171/21589.
Sir, Please refer to your application under RTI Act-2005, regarding refund the erroneous deduction of EPS-1995 which was deducted by the establishment erroneously.
In this connection, under mentioned documents are being called from the establishment for refund the erroneous deduction EPS-1995 to the employees.
1. Submit Due and Paid Statement from the period 1995-1996 to 2011-2012 regarding remittance of EPS-1995 contribution of the employees deposited by the establishment along with Bank challans and Bank Statements of the above mentioned period.
2. Submit Details of erroneous deduction EPS-1995 year wise of the employee along with EPS A/C Number, certified copy of Form-8 (PS) of the related year.
3. Submit list of employees whose erroneous deduction EPS-1995 have already been adjusted in various Annual Returns."
7. Mr. Anil Mittal, learned counsel for applicant submitted that from all these documents, it would be clear that the applicant had been DTC pension optee throughout and that the EPF deductions from his salary have been made inadvertently by the DTC and without taking his consent. He thus argued that the applicant is entitled for getting the benefits of the DTC Pension Scheme.
8. Per contra, Ms. Aarti Mahajan Shedha, learned counsel for respondent Nos. 1 & 2 (DTC) submitted that the confusion has arisen on 5 account of applicant having been out of service between January 1996 to December 1998 due to his dismissal from service due to some disciplinary inquiry proceedings. He, however, was reinstated in service on 04.12.1998. She fairly admitted that the respondents - DTC have indeed written to RPFC that due to inadvertent mistake, EPF deductions from the salary of the applicant have been done and have requested the RPFC to refund the EPF amount deducted, so that his case for grant of pension could be considered.
9. Explaining the DTC Pension Scheme, learned counsel for respondent Nos. 1 & 2 (DTC) stated that the corpus of the DTC Pension Trust comes from the contributions made by the employer (DTC) and employees. She said that in the case of applicant, the EPF deductions have been deposited with the RPFC under the EPS 1995. She thus argued that till the EPF deductions, qua the applicant, are refunded by the RPFC and deposited with the DTC Pension Trust along with accrued interest, the case of the applicant for grant of pension cannot be considered.
10. I have considered the arguments of learned counsel for the parties and have also perused the pleadings.
11. It is quite clear from the records that the applicant has been a DTC pension optee. The EPF deductions from salary, qua the applicant, have been done by the DTC inadvertently. The DTC has accordingly written to the RPFC vide letter dated 14.11.2014 (p.26) seeking refund of the EPF deductions, qua the applicant. The RPFC has also indicated its willingness to refund the said amount vide its Annexure A-10 letter dated 05.02.2015. 6 Let this matter be pursued by the respondent Nos. 1 & 2 - DTC with the RPFC and get the EPF deductions refunded, qua the applicant, from RPFC and credited to the DTC Pension Trust within two months from the date of receipt of a copy of this order. It is directed that the DTC shall sanction pension to the applicant within a period of three months thereafter.
12. The O.A. is allowed in terms of the directions in paragraph (11) above. There shall be no order as to costs.
( K.N. Shrivastava ) Member (A) May 8, 2018 /sunil/