Sh. Jagdish Chander vs Delhi Transport Corporation
2025 Latest Caselaw 2120 Del

Delhi High Court

Sh. Jagdish Chander vs Delhi Transport Corporation on 10 February, 2025

Author: C.Hari Shankar

Bench: C. Hari Shankar

                    $~66
                    *          IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +          W.P.(C) 1463/2019 & CM APPL. 46698/2024
                               SH. JAGDISH CHANDER                            .....Petitioner
                                               Through: Mr. Mohinder Singh and
                                               Mr. Subhash Chandra and Mr. H.K.
                                               Chaturvedi, Advs.

                                               versus

                               DELHI TRANSPORT CORPORATION            .....Respondent
                                            Through: Mrs. Avnish Ahlawat, Standing
                                            Counsel with Mr. Nitesh Kumar Singh,
                                            Ms. Laavanya Kaushik, Ms. Aliza Alam and
                                            Mr. Mohnish Sehrawat, Advs.

                               CORAM:
                               HON'BLE MR. JUSTICE C. HARI SHANKAR
                               HON'BLE MR. JUSTICE AJAY DIGPAUL
                                               JUDGMENT (ORAL)

                    %                              10.02.2025

                    C.HARI SHANKAR, J.

1. Ms. Avnish Ahlawat, Standing Counsel for the respondent, submits that, in view of the fact that the respondent/Delhi Transport Corporation1 was calling upon the petitioner to return the CPF2 benefits availed by him with interest, consequent on his reinstatement, and as the DTC has itself, in his retirement order, referred to him as a pension optee, the DTC, without treating this matter as a precedent and keeping the question of law open, is agreeable to disburse, to the

"DTC", hereinafter W.P.(C) 1463/2019

respondent, the pensionary benefits due to him from 30 June 2015, when he superannuated, treating him as a pension optee, from the date of his superannuation 30 June 2015 along with interest thereon, subject to the petitioner returning, to the respondent/DTC, the entire CPF benefits availed by him, along with interest thereon.

2. Interest on either side would be @ 6% per annum. It would be open to the DTC to adjust the amount payable by the petitioner to the DTC, against the amount payable by DTC to the petitioner.

3. She also submits that the petitioner would have to fill up the requisite forms for availing pension.

4. The DTC is directed to e-mail the said forms to Mr. H.K. Chaturvedi, learned Counsel for the petitioner, within a period of two days from today.

5. The forms, as and when emailed, would be filled up and submitted by the petitioner within a week thereof.

6. Payments on either side would be made within four weeks thereof.

7. The impugned order of the Central Administrative Tribunal is, accordingly, quashed and set aside.

Contributory Provident Fund W.P.(C) 1463/2019

8. The writ petition is disposed of in the aforesaid terms in the peculiar facts of the case, keeping the question of law alive.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

FEBRUARY 10, 2025/AS

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W.P.(C) 1463/2019