CIVIL APPEAL NO(s). 7258 OF 2002
DELHI TRANSPORT CORPORATION Appellant (s)
VERSUS
MOOL CHAND Respondent(s)
WITH Civil Appeal NO. 2301 of 2007 (With office report) Civil Appeal NO. 2302 of 2007 (With office report) Civil Appeal NO. 4434 of 2003 (With prayer for interim relief and office report)
Date: 02/12/2008 This Appeal was called on for hearing today.
CORAM :
For Appellant(s)
Ms. A.Subhashini,Adv.
Ms. A.Subhashini
For Respondent(s)
Mr. Subramonium Prasad,Adv.
Mr. B.D. Sharma
Mr. L.N. Gupta
Mrs Lalita Kaushik
UPON hearing counsel the Court made the following
(Parveen Kr. Chawla) (Indu Satija)
Court Master Court Master
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7258 OF 2002
Delhi Transport Corporation ..Appellant
versus
Mool Chand ..Respondent
This Appeal has been filed against the impugned judgment of the High Court
dated 06th November, 2001. It appears that there was a Voluntary Retirement Scheme
(for short 'VRS') in the Delhi Transport Corporation, hereinafter referred to as the
'Corporation', in 1993 which contained a provision for pension. The respondent herein
did not apply under that VRS Scheme.
Subsequently, the Corporation framed a new Scheme dated 13.12.1995 in
which it was specifically stated that those employees who opt for VRS under the new
Scheme will not get pension. Respondent, admittedly, applied under this scheme.
Since, there was a specific provision in the VRS Scheme dated 13.12.1995, we
fail to see how the High Court has held that the respondent will get pension in addition
to VRS benefits.
In view of above, we find that the impugned judgment of the High Court is erroneous and it is hereby set aside.
The Appeal is allowed accordingly. No Order as to costs.
Civil Appeal Nos.2301/2007 and 2302/2007
Learned counsel appearing for the appellant in these appeals has stated that
in view of the earlier order of this Court dated 12th March, 2007 passed in Special Leave
Petition(C)No.4135 of 2007, these appeals may be dismissed. We order accordingly.