CWP No. 5945 of 2007 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 5945 of 2007 Date of Decision : 7.12.2009 Ramphal .......... Petitioner Versus Uttari Haryana Bijli Vitran Nigam Limited & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Ashish Chaudhary, advocate for the petitioner. Mr. Ashwani Markanday, DAG, Haryana. Mr. Ravinder Hooda, Advocate. **** VINOD K. SHARMA, J. (ORAL) This judgment shall dispose of seven civil writ petitions i.e. (1) CWP No. 5945 of 2007 titled Ramphal Vs. Uttari Haryana Bijli Vitran Nigam Limited & others, (2) CWP No. 15290 of 2006 titled Yash Pal Vs. Uttar Haryana Bijli Vitran Nigam Ltd. & another, (3) CWP No. 16379 of 2006 titled Hawa Singh Vs. The Chief Accounts Officer (Pension), Dakshin Haryana Bijli Vitran Nigam Ltd. & another, (4) CWP No. 20454 of 2006 titled Om Parkash Vs. Uttari Haryana Bijli Vitran Nigam Limited & another, (5) CWP No. 3584 of 2007 titled Mahesh Kumkar Vs. State Bank of India, Zonal Office-II, Civil Line, Ludhiana ( Punjab) & another, (6) CWP No. 8575 of 2007 titled Jagbir Singh Vs. Haryana Vidyut Prasaran Nigam Limited & others and (7) CWP No. 12531 of 2007 titled Rup Rani CWP No. 5945 of 2007 2 Vs. Haryana Vidyut Prasaran Nigam Limited & others, as the common question of law and facts are involved. For the sake of brevity facts are being taken from CWP No. 5945 of 2007 titled Ramphal Vs. Uttari Haryana Bijli Vitran Nigam Limited &others. The petitioner who has retired from service, sought retiral benefits by claiming that he was entitled to adding of the service rendered by him as work charge for the purpose of pensionary benefits. The prayer of the petitioner was declined merely on the ground that petitioner had not exercised his option within the period stipulated in the instructions issued by the respondents. A Division Bench of this Court in CWP No. 8573 of 2004 titled as Sh. Bharpoor Singh (Retired A.F.M.) Versus Dakshin Haryana Bijli Vitran Nigam Ltd. and others decided on 16.9.2005, directed the respondents to count the work charge service of the petitioners therein for the purpose of pensionary benefits, and also to permit the petitioner to exercise his option for coverage under pension scheme. The decision of the Hon'ble Division Bench was challenged by the respondents / employer by way of Civil Appeal No. 4903 of 2009 titled Dakshin Haryana Bijli Vitran Nigam and others Vs. Bachan Singh, decided on 30.7.2009. The Hon'ble Supreme Court upheld the decision of the Division Bench of this Court. The Division Bench of this Court while rejecting the contention of the respondents had noticed as under :- “In view of the aforesaid legal position, learned CWP No. 5945 of 2007 3 counsel for the respondents is not in a position to show any record, whereby the aforesaid instructions were ever got noted from the petitioner. In view of this factual position, this writ petition is allowed and the respondents are directed to allow the petitioner to exercise his option in accordance with the instructions dated 6.8.1993 and 9.8.1994, within a period of three months from today, and thereafter, the work charge service of the petitioner be counted towards the pensionary benefits. It is made clear that in terms of the aforesaid instructions, the petitioner will deposit the employer's contribution of EPF with interest, immediately after exercising the option.” It is not disputed by the respondents that the matter in issue is now squarely covered by the decision of the Hon'ble Division Bench of this Court, upheld by the Hon'ble Supreme Court in Civil Appeal No. 4903 of 2009 titled Dakshin Haryana Bijli Vitran Nigam and others Vs. Bachan Singh (supra). Consequently, these writ petitions are allowed. The respondents are directed to allow the petitioners to exercise their option in accordance with the instructions within a period of three months from today, the respondents shall within a month thereafter inform the petitioners the amount of employee's contribution towards EPF, which is required to be deposited by the petitioners which shall be deposited by the petitioners within two months thereafter, along with interest upto the date of retirement, as per the instructions dated 6.8.1993 as modified on 9.8.1994. After deposit of the amount along with interest by the petitioners, the respondents shall CWP No. 5945 of 2007 4 count the work charge service rendered by the petitioner towards his pensionary benefits and release the enhanced pension along with arrears without any further delay. No costs. 7.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE