C.W.P No. 1928 of 2001 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 1928 of 2001 Date of decision : February 26, 2009 Jeet Singh, ...... Petitioner (s) v. Haryana Vidyut Prasaran Nigam Ltd and others ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Rajesh Arora, Advocate for the petitioner. Mr.Mohnish Sharma, Advocate for Mr. Narinder Hooda, 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 claiming retiral benefits for the work charge service rendered by the petitioner from 27.1.1979 to 4.5.1993 prior to his regularization of services. On law the controversy is covered by a Full Bench decision of this Court in Kesar Chand vs State of Punjab and others, 1988(5) SLR 27 wherein it was 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. C.W.P No. 1928 of 2001 ::2:: The only plea taken is that the petitioner had not opted for the pension scheme by the stipulated date and, thus, was not entitled for the same. The petitioner, however, asserts that on his regularisation, he became a member of the pension scheme vide Account No.89001-HSEB which would show that he had opted for pension at the relevant time. This fact has not been denied. Apart from this, a Division Bench of this Court also decided CWP No.11628 of 1997, Mange Ram vs HSEB which was a case filed 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 the Division Bench even at the stage of final hearing of the said writ petition permitted that petitioner to deposit the employer's share of the Provident Fund along with up to date interest. In the circumstances, this writ petition is allowed and the respondents are directed to refix the retiral benefits of the petitioner after counting the work charge service and thereafter release arrears on that account as well as the enhanced pension within three months of the receipt of a certified copy of this order. In case, the petitioner has not deposited the due amount of Employees Provident Fund, he would deposit the same with statutory interest within a period of one month from the receipt of a certified copy of this order. It is, however, clarified that the petitioner would be entitled to interest on arrears @ 8% p.a with effect from 1.2.1999 (six months after the date of his retirement) till actual disbursement thereof. ( AJAY TEWARI ) February 26, 2009. JUDGE `kk' C.W.P No. 1928 of 2001 ::3::