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1 - 7 of 7 (0.61 seconds)Tata Power Delhi Distribution Power ... vs Smt. Rosy Jain And Ors. on 17 March, 2016
(a) superannuation; or (b) death; or (c) total permanent disability/
incapacity of an employee and that the Pension Trust has no role
where the employee seeks voluntary retirement, now stands negated
and nullified in view of the judgment of the Division Bench in Tata
Power (supra) and thus, there is no reason why the benefits due to the
Petitioner be not released at the earliest with interest on delayed
payments.
Article 309 in Constitution of India [Constitution]
Mr. Ashwani Kumar Sharma vs Oriental Bank Of Commerce on 23 September, 2002
17. This Court has already extracted the relevant provisions of
the Act and the Scheme. As to who is to bear the liability for terminal
benefits in the case of voluntary retirement, the appellants have
placed reliance on the SVRS judgment. In the said SVRS judgment,
the argument of the Pension Trust was noticed and the first question
framed for decision was, "whether the liability of the respondents to
pay or ensure payments of terminal dues is confined to cases of
superannuation, death or incapacitation of the employees of the
discoms or it extends to cases of voluntary retirement." The SVRS
judgment noticed a previous ruling in Ashwani Kumar v. Oriental
Bank of Commerce3. The SVRS judgment thereafter held as follows:
Ashok Kumar Gupta & Ors vs State (Govt Of Nct Of Delhi) & Anr on 1 October, 2018
69. The Division Bench of This Court in Ashok Kumar v. GNCT
of Delhi (in CWP 1864/2002, decided on 16th September, 2002)
had to decide whether Rule 37 of the CCS Pension Rules applied
to the employees of the erstwhile DVB. That petition too was
filed in the wake of the unbundling process of DVB. The court
noticed, in para 11 of the judgment that the predecessor of the
DVB i.e. DESU was a department of the Municipal Corporation
of Delhi. The Corporation (MCD) had framed Regulations in
1973 granting benefits to employees of DESU. Subsequently, in
1977 the DESU (DMC) Service Regulations were approved.
They stipulated that service rules applicable to Government
Servants would also apply to DESU employees. Regulation 4
indicated that unless provided in the Act or the Regulation, the
rules applicable to Government Servants in the service of the
Central Government, were to, so far as may be, regulate the
service of Municipal employees except in regard to the matters
relating to provident fund. The Division Bench noticed that upon
incorporation of the DVB the assets and liabilities of the DESU
and its undertaking devolved on it. The DVB later issued a
Signature Not Verified circular protecting existing service conditions and expressly
Digitally Signed W.P.(C) 17416/2022 Page 5 of 13
By:KAMAL KUMAR
Signing Date:24.02.2023
18:20:32
Neutral Citation Number: 2023/DHC/001076
mandating 'there must be no retrenchment or change in service
conditions to the detriment of the staff. Pension and all terminal
benefits must be safeguarded by the Delhi Government.
Govt. Of Nct Of Delhi And Anr. vs Shri Ran Singh And Ors. [Along With Lpa ... on 18 February, 2008
In NDPL (supra), the Supreme Court had to decide two
appeals.
North Delhi Power Ltd. vs Govt. Of Nct Of Delhi [Along With Wp (C) ... on 2 July, 2007
The
Division Bench has referred to observations of this Court in
North Delhi Power Ltd. vs. Govt. of NCT of Delhi, 2007 SCC
OnLine Del 919 (SVRS Judgment) that the Pension Trust cannot deny
its liability towards employees retiring on voluntary retirement under
Rule 48-A of the Pension Rules. Significantly, no appeal was filed by
the Pension Trust against the SVRS judgment, which has thus attained
finality. The Division Bench has, after an in-depth analysis of and
deliberation on the issue, also observed that the Circular dated
03.11.2009 issued by the GNCTD, shows that the Delhi Government
was completely alive to the fact that those opting for voluntary
retirement were to be equated with those superannuating in the normal
course and the Pension Trust was to entertain the claims for fixation of
pension. It was thus directed that the Pension Trust shall process or
disburse the payments, if not already made and in case the payments
have been made by the Appellants/the DISCOMS, the latter shall be
able to claim and recover the amounts paid.
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