with arrears vide letter dated 23.01.2020 and pension papers were also forwarded. Pension Trust, on the other hand, takes a position that the liability rests with the DISCOMS and the Trust is not liable to pay the retiral benefits. In view of the judgment of the Division Bench, in my view, it is no longer open to the Pension Trust to take a conflicting position. In Rosy Jain (supra), the Division Bench while referring to the observations of this Court in North Delhi Power Ltd. v. Govt. of NCT of Delhi, 2007 SCC OnLine Del 919, (‘SVRS Judgment’) held that the Pension Trust cannot deny its liability towards employees retiring on voluntary retirement under Rule 48-A of the Pension Rules. Significantly, no appeal was filed by the Pension Trust against the SVRS Judgment, which has thus attained finality. The Division Bench has, after an in-depth analysis of and deliberation on the issue, also observed that the Circular dated 03.11.2009 issued by the GNCTD, shows that the Delhi Government was completely alive to the fact that those opting for voluntary retirement were to be equated with those superannuating in the normal course and the Pension Trust was to entertain the claims for fixation of pension. It was thus directed that the Pension Trust shall process or disburse the payments, if not already made and in case the payments have been made by the Appellants/the DISCOMS, the latter shall be able to claim and recover the amounts paid…..”
