C.W.P No. 4542 of 2007 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 4542 of 2007 Date of decision : January 19, 2009 Daya Ram ...... Petitioner (s) v. Haryana Vidyut Prasaran Nigam Ltd & others ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Rajesh Arora, Advocate for the petitioner. Mr.B.S.Rana, Advocate for the respondents. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J This writ petition has been filed for the issuance of a direction to the respondents to fix and pay retiral benefits to the petitioner after taking into consideration the period of service rendered by him as work-charge from 1.2.1972 to 14.5.1990 following which he was regularized w.e.f 15.5.1990. It is stated that originally the benefit was granted to the petitioner and he consequently deposited back the amount received by him on account of EPF but subsequently by order dated 27.6.2006 the same C.W.P No. 4542 of 2007 ::2:: was rescinded on the ground that he had not opted for this benefit originally in 1992-93 but in 2005. It is not disputed that a Full Bench of this Court in Kesar Chand vs State of Punjab and others, 1988(5) SLR 27 laid down that the period of service rendered by a regular employee on work charge basis has to be taken into consideration for the purpose of computing retiral benefits. On the basis of the above decision, a Division Bench of this Court also decided CWP No.11628 of 1997, Mange Ram vs HSEB which was against the predecessor-in-interest of the respondents, wherein also it was contended that the petitioner therein had not exercised his option at the relevant time but this Court even at the stage of final hearing of the writ petition permitted the petitioner therein to deposit the employer's share of the Provident Fund along with up to date interest. In the present case, it is to be noticed that the said share was also deposited by the petitioner on the request of the respondents on 14.6.2005 and 4.7.2005. In the circumstances, this writ petition is allowed and the order, dated 27.6.2006 (Annexure P-9) is quashed. The respondents are directed to refix the retiral benefits of petitioner and thereafter release arrears on that account within three months of the receipt of a certified copy of this order. The petitioner shall be entitled to interest on the said arrears @ 8% p.a w.e.f 1.5.2006 (six months after the date of his retirement) till actual disbursal thereof. ( AJAY TEWARI ) January 19, 2009. JUDGE `kk' C.W.P No. 4542 of 2007 ::3::