* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 2619/2004
% December 16, 2013
SHANTI DEVI ......Petitioner
Through: None
VERSUS
DELHI TRANSCO LTD. DVB EMP. TER. BENEFITS FUND
...... Respondents
Through: None CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition, petitioner seeks directions for being issued to the respondent no.3, which is the successor entity of the erstwhile-employer, for granting of benefit of the pension scheme.
2. The facts of the case are that petitioner's husband Sh. Ram Sagar Sharma was working from 1964 with Delhi Electricity Supply Undertaking, and thereafter with Delhi Vidyut Board, till he died on 11.2.1992 in harness.
3. Petitioner claims that she being a dependent/legal heir of the deceased was entitled to benefit of the office order dated 22.8.1992 for getting the benefit of the pension scheme on deposit of CPF contribution W.P. (C) 2619/2004 Page 1 of 4 and compliance of other formalities. The relevant paras of the office order dated 22.8.1992 relied upon by the petitioner read as under:
1. b) " The employees of the Undertaking, who were in service on 1-1-1986 but had since died, either before retirement or after retirement, their dependents were also given opportunity to exercise option for finalisation of their cases under the Pension Scheme whether their accounts had already been settled or were yet to be settled under CPF Scheme, if they so desire may also be allowed to opt for the pensionary benefits under the terms and conditions stipulated above.
xx x x x x
6. It will be the responsibility of the Sectional Head to ensure that these orders are brought to the notice of the staff working under them including those who are on leave or under suspension. Similarly, Administrative Officers concerned will ensure that these orders are brought to the notice of the staff who are on the strength of the Undertaking but at present are on deputation/foreign service. In the case of employees who were in the service of the Undertaking as on 1-1-1986 and governed under CPF Scheme but have since retired/expired before the issue of this order, APO(B) concerned will ensure that necessary intimation in this regard is promptly sent by post, Regd. A.D., to all Ex-employees/family members of the deceased employees as per last address available in their records along with a copy of the office order under reference for their information and guidance."
4. Petitioner contends that she has never been informed of the scheme by registered post or any other manner, and therefore, she could not exercise the option for conversion from the CPF to the pension scheme.
5. Counter-affidavits have been filed by respondent Nos. 1 & 2, W.P. (C) 2619/2004 Page 2 of 4 which are the Delhi Transco Limited and the Pension Fund. Respondent No.3 - BSES Yamuna Power Ltd. was added as a respondent as per the order dated 23.4.2007, and which has not filed any counter-affidavit.
6. A reading of the existing pleading of respondent Nos. 1 & 2 shows that there is no denial of the fact that the petitioner was never informed as per para 6 of the scheme that she could switch over from the CPF to the pension scheme.
7. No doubt, the scheme is of 1992 and the writ petition is filed in the year 2004, however, cause of action for pension arises every month, and therefore, ordinarily petitioner would be entitled to the benefit of pension for each month for three years prior to filing of the writ petition and which would continue till the entitlement of the petitioner for pension in her lifetime. However, I may note that since benefit of pension scheme can only be granted on depositing of the CPF contribution and compliance of the other requirements of the pension scheme, it is, therefore, ordered that only on compliance of the requirements of the office order dated 22.8.1992 the petitioner will be entitled to the benefit of the pension scheme.
8. In view of the above, writ petition is allowed. Petitioner will now make the necessary representation and give necessary options/forms for converting from CPF scheme to the pension scheme, and on the W.P. (C) 2619/2004 Page 3 of 4 petitioner complying with requirements of the pension scheme, petitioner will within one month thereafter be given pension, in terms of the pension scheme dated 22.8.1992.
9. Writ petition is allowed and disposed of in terms of the aforesaid directions. Parties are left to bear their own costs.
VALMIKI J. MEHTA, J DECEMBER 16, 2013 KA W.P. (C) 2619/2004 Page 4 of 4