Delhi High Court
Shanti Devi vs Delhi Transco Ltd. Dvb Emp. Ter. ... on 16 December, 2013
Author: V.P.Vaish
* 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
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,
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
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
