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After training written test is conducted, on passing the same the conductor is offered appointment. R.17A of the Fundamental Rules on which reliance has been placed by the respondents was not noticed or considered.
The respondent has also brought on record an order of this Court dated in C. Prima facie, we are of the view that no adverse effect can be permitted upon the right of the employee to receive pension unless he was given notice by appropriate entry in the service book or through other notice that his absence will be treated as unauthorised absence and will not be counted towards qualifying service for pension.
Review application was filed by the appellant praying for adding period from to under which he had undergone for training.
Review Application was rejected that since no such plea was raised before the Tribunal the same cannot be considered.
Against the order of the Tribunal a writ petition was filed in the High Court by the Corporation.
, the counting of his service period commences from , till (date of VRS) which comes to 9 years 5 months and 3 days.
Further, the period of leave without pay of 98 days for which no salary was paid cannot be counted as qualifying service, thus, the qualifying service of the appellant comes to only 9 years 1 month and 25 days. Balwan Singh & Ors.) wherein this Court had referred the judgment of twoJudge Bench in Lillu Ram (supra) for consideration by a larger Bench. Civil Appeal No(s).12743/2017 KARAN SINGH Appellant(s) VERSUS DELHI TRANSPORT CORPORATION & ANR.
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.12743 OF 2017 (arising out of SLP(C)No.18321 of 2016) KARAN SINGH ... The appellant who appears in person has come up in the appeal against judgment dated in Writ Petition (C) No.7662 of 2015 of Delhi High Court by which judgment Delhi High Court allowed the writ petition of Delhi Transport Corporation by setting aside the order dated passed by the Central Administrative Tribunal, Principal Bench, New Delhi whereby the Tribunal has directed Signature Not Verified Digitally signed by BALA PARVATHI the Delhi Transport Corporation to pay the appellant Date: 20 IST Reason: pension and other benefits in accordance with the Pension Scheme issued by the DTC vide their Office Order dated read with VRS, 1993. By Memo dated , the appellant was directed to report T. Training School, IPD for training on for the post of Retainer Crew or Conductor. The appellant was offered appointment by order dated after qualifying the written test held on for the post of Conductor with effect from .