DELHI TRANSPORT CORPORATION vs ANIL LUTHRA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 24 January 2025 Pronounced on : 18 March 2025 + W.P.(C) 2966/2016 DELHI TRANSPORT CORPORATION .....Petitioner Through: Mrs. Avnish Ahlawat, Standing Counsel with Mr. Nitesh Kumar Singh, Adv. versus ANIL LUTHRA .....Respondent Through: Mr. Yudhvir Singh Chauhan and Mr. Aditya Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 18.03.2025 C. HARI SHANKAR, J. The Issue 1. The Delhi Transport Corporation1, by this writ petition, challenges orders dated 23 December 2015 in OA 31/20152 and order dated 8 February 2016 in RA 32/20163, passed by the Central Administrative Tribunal4. 1 “DTC”, hereinafter 2 Anil Luthra v DTC 3 DTC v Anil Luthra 4 “the Tribunal”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 2966/2016 Page 1 of 52 KUMAR Signing Date:18.03.2025 13:06:46 2. The issue in controversy is short, but recurring. Till 27 November 1992, all employees of the DTC were covered by the Contributory Provident Fund Scheme5. Vide Office Order dated 27 November 19926, the DTC introduced the GPF7-cum-Pension Scheme8. The respondent claims that, by virtue of para 9 of the 1992 Office Order, he is deemed to have switched over from the CPF to the Pension Scheme. The DTC does not dispute this argument on principle, but submits that, as the respondent continued to pay his contribution towards CPF, and the DTC, too, paid its share of the CPF contribution, the benefits of which have been reaped by the respondent on his retirement, he cannot now claim the benefit of the Pension Scheme. 3. The Tribunal has allowed the respondent’s claim. The DTC is aggrieved thereby. 4. This Court is, therefore, only required to decide whether the respondent is entitled to the benef