Jagdish Chander v. Delhi Transport Corporation

1. Ms. Avnish Ahlawat, Standing Counsel for the respondent, submits that, in view of the fact that the respondent/Delhi Transport Corporation[1] was calling upon the petitioner to return the CPF[2] 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 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

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.