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Supreme CourtDivision Bench(2008) 12 SC CK 0045

Delhi Transport Corporation vs Mool Chand

Supreme Court Of India · Decided on 2 December 2008 · Citation: (2010) 1 ALT 9 : (2009) 120 FLR 598 : (2009) 1 JT 426 : (2009) 1 LLJ 6628 : (2009) 1 SCC 255 : (2009) 1 SCC(L&S) 105 : (2010) 1 SLJ 74

HON’BLE JUDGES
Markandey Katju, J · Aftab Alam, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 7253 of 2002

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Judgment

7 paragraphs · 212 words
1.

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.

2.

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.

3.

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.

4.

In view of above, we find that the impugned judgment of the High Court is erroneous and it is hereby set aside.

5.

The Appeal is allowed accordingly. No Order as to costs.

Civil Appeal Nos. 2301/2007 and 2302/2007

6.

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 SLP (C) No. 4135 of 2007, these appeals may be dismissed. We order accordingly.