C.W.P. No. 611 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 611 of 2009 Date of decision: 11.12.2009 Daya Nand Gulia ....Petitioner Versus Dakshin Haryana Bijli Vitran Nigam Ltd. and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Devender Punia, Advocate, for the petitioner. Mr. Praveen Gupta, Advocate, for the respondents. ***** VINOD K. SHARMA, J (ORAL) 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 benefit. The prayer of the petitioner was declined merely on the ground that the 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 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 petitioners to exercise their option for coverage under pension scheme. The decision of the Hon'ble Division Bench was challenged by C.W.P. No. 611 of 2009 -2- 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 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 squarely covered by the decision of the Hon'ble Division Bench of this Court and the decision of 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, this writ petition is allowed. The respondents are directed to allow the petitioner to exercise his option in accordance with the instructions within a period of three months from today. The respondents shall, within a month thereafter, inform the petitioner the amount of employee's contribution towards EPF, which is required to be C.W.P. No. 611 of 2009 -3- deposited by the petitioner, which shall be deposited by the petitioner 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 petitioner, the respondents shall 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. (Vinod K. Sharma) Judge December 11, 2009 R.S.