Central Administrative Tribunal - Delhi
J.C. Bhutani vs Delhi Transport Corporation on 12 May, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI. T.A. No. 169/2009 New Delhi this the 12th day of May, 2010 Honble Mr. Shanker Raju, Member (J) Honble Dr. Ramesh Chandra Panda, Member (A) J.C. Bhutani, S/o Shri Lekh Raj Bhutani, R/o Flat NO.50, Priya Apartments, Sector-14, Plot No.4, Rohini, Delhi-110085. -Applicant (By Advocate Ms. Kittoo Bajaj) -Versus- Delhi Transport Corporation, I.P. Estate, New Delhi through its Chairmna-cum-Managing Director. (By Advocate Shri J.N. Aggarwal) O R D E R Honble Mr. Shanker Raju, Member (J):
Denial of pension under Delhi Transport Corporation (DTC) Rules is the grievance of the applicant with a prayer to accord pension w.e.f. 1.5.2006 with all arrears.
2. Applicant, who has not opted for pension, as per respondents letter dated 27.11.1992, is stated to have been a deemed optee for pension but by his specific act he has opted for pension by submitting form No.10-D in EPFC for which as per the respondents commutation, arrears etc. have been provided with monthly pension. In the above view of the matter, the stand of the respondents is that under Rule 7 of the CCS (Pension) Rules, 1972, applicant cannot have double pension. Rejection of the TA is sought.
3. On the other hand, learned counsel of applicant would contend that being a deemed optee in TA-1118/2009 in Ram Rati v. Union of India, decided on 20.07.2009, despite taking cognizance of EPF Act, to which deceased employee was a member, the respondents have taken a stand that if the applicant is to be granted pension under DTC, the pension paid from EP Fund has to be refunded and the issue has been decided against the applicant.
4. In our considered view, having opted for pension in EPF, which has become final, no belated option is available as per the decision of the Apex Court in Union of India v. M.K. Sarkar, (2010) 2 SCC 59.
5. In the above view of the matter, a concession in a particular case would not give an indefeasible right to the applicant, as despite non-option to pension in DTC having specifically opted for pension in EPF, applicant has not only acquiesced but also waived off his right. The TA is found bereft of merit and is accordingly dismissed. No costs.
(Dr. Ramesh Chandra Panda) (Shanker Raju) Member (A) Member (J) San.