DELHI TRANSPORT CORPORATION vs SH. RAJINDER KUMAR MODI

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2075/2019 & CM APPL. 9690/2019 DELHI TRANSPORT CORPORATION .....Petitioner Through: Mrs. Avnish Ahlawat, Standing Counsel with Mr. N. K. Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat, Advs. versus SH. RAJINDER KUMAR MODI .....Respondent Through: Mr. Hari Kishan, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 28.03.2025 C. HARI SHANKAR, J. 1. This case is entirely covered by the judgment rendered by us in DTC v Anil Luthra1, though Ms. Ahlawat, appearing for the appellant-Delhi Transport Corporation2 has spared no efforts in attempting to distinguish the said decision. 2. The respondent had joined the services of the DTC on 19 November 1966. At that time, all employees of the DTC were covered by the Contributory Provident Fund3 scheme. On 27 1 2025 SCC OnLine Del 1650 2 “DTC” hereinafter 3 “CPF” hereinafter 3. The respondent never opted to continue under the CPF scheme of the DTC. Nor did the respondent, at any point of time, state that he did not want to switch over to the Pension Scheme. In other words, no option, positive or negative, was exercised, to continue