R.S.A. No. 3891 of 2009 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 3891 of 2009(O&M) Date of Decision: November 3, 2009 State of Haryana and others …..Appellants Vs. Muni Lal (Retd.) Supdt. and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Kulbir Narwal, Addl. A.G. Haryana. for the appellants. -.- M.M.S. BEDI, J. (ORAL) For the reasons mentioned in the application, the delay in filing of the appeal is condoned. Application stands disposed of. Suit of the plaintiff- respondent No.1 for declaration that he is entitled to exercise the option in terms of policy dated September 19, 1998 after he came to know about the same was dismissed by the trial Court. The lower Appellate Court has reversed the said finding and decreed the suit of the plaintiff- respondent holding that fresh circular dated September 17, R.S.A. No. 3891 of 2009 (O&M) [2] 1998 had not been got noted from the plaintiff- respondent No.1 as such the benefit accruing from the circular dated September 17, 1998 cannot be denied to him by denying him an opportunity to give fresh option to get this pay fixed w.e.f. April 12, 1997 instead of April 1, 1996 within stipulated period of three months. I have heard learned counsel for the State at length and considered the contention that the plaintiff- respondent had retired on September 30, 1998 whereas the instructions dated September 17, 1998 were received in the office on October 14, 1998 as such the said instructions could not be brought to the notice of the plaintiff- respondent but do not find any force in the same as the plaintiff- respondent cannot be denied the right accruing to him from the circular dated September 17, 1998 which came into existence prior to his date of retirement i.e. September 30, 1998. No substantial question of law arises in the present appeal. The appeal is dismissed. However, the period of six months granted by the lower Appellate Court to the State to give fresh option is extended for another period of three months w.e.f. today. November 3, 2009 (M.M.S.BEDI) sanjay JUDGE