Civil Writ Petition No. 19123 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 19123 of 2010 Date of decision: 27.04.2011 Mangal Singh and others ...Petitioners Versus Uttar Haryana Bijli Vitran Nigam Limited and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Jagbir Malik, Advocate for the petitioner. Mr. Narender Hooda, Advocate for the respondents. RANJIT SINGH J. Through this order Civil Writ Petition Nos. 19123 of 2010 & 901, 3707, 4298, 6758, 6765, 6787, 6862, 6870, 6945, 6950, 6954, 6955, 6958, 6962, 6994, 7016, 7054, 7113, 7139, 7175 and 7121 of 2011 are being disposed of together as common question of fact arises in these cases relating to counting of work charge service for pension. These writ petitions have been filed praying for counting the work charge service rendered by the employees while serving with Haryana Power Utilities like Uttar Haryana Bijli Vitran Nigam Limited, Dakshin Haryana Bijli Vitran Nigam Limited, and Haryana Power Generation Corporation Limited for grant of retiral benefits. It was noticed that number of petitions were being filed for claiming the same relief daily despite the fact that issue had been settled by the Civil Writ Petition No. 19123 of 2010 2 Hon'ble Supreme Court. It was then considered appropriate to summon the Managing Directors of Haryana Power Utilities to ascertain reasons/cause as to why persons were being forced to approach the Court for relief even when the law was fully settled. The issue was required to be sorted out in view of the law laid down by the Hon'ble Supreme Court in Civil Appeal No. 4903 of 2009 titled as Dakshin Haryana Bijli Vitran Nigam Limited versus Bachan Singh deceased on 30.07.2009. All these writ petitions have been fixed today for this purpose. The Managing Directors of both the Corporations are present before the Court. Mr. Narender Hooda, Advocate appearing for the Corporation has placed before me communication initiated by the Chief Engineer, HPGCL, Panchkula to address all the Chief Engineers conveying the decision taken by the Government, whereby proposal has been approved to give one more chance to left out working employees in all the Haryana Power Utilities who could not opt for pension in lieu of the State Government instructions issued in the year 1992. It is stated that in case of retirees, cases may be examined on individual merits by the respective Power Utilities keeping in view the availability of limitation where PPO has been issued or accounts have been settled. On the basis of this communication, it is stated before me that the Power Utilities would issue a general advertisement and also ensure that the communication is sent to the persons to opt for the pension scheme once over again in terms of instructions dated 06.08.1993. It may need a notice here that the requirement in the Civil Writ Petition No. 19123 of 2010 3 scheme is to get the option noted from individual employees. It may not be justifiable to dilute this requirement. Both the Managing Directors have assured that this option would also be extended to the retirees as some doubt may appear in this regard from the contents of the communication placed before me as referred to above. Infact, basically the retirees have been approaching this Court with a grievance that despite the law laid down by the Hon'ble Supreme Court they are not being allowed to opt for pension and their work- charge service was not being counted for the purpose of pension. If any decision is taken not to extend this benefit to retirees, the problem will remain as it is. The Managing Directors, however, have assured that the part of the communication requiring examination of individual merit would not come in way of the respondents to consider the claim of retirees for counting their work-charge service if they decide to opt for the pension scheme. In view of the above communication and the assurance given before this Court, the writ petitions would be rendered infructuous as the relief claimed is being granted. These petitions are disposed of as such. To remove any ambiguity and to avoid confusion, it is hereby directed that the petitioners in the present writ petitions pending before this Court, would be at liberty to appear before the Head office of respective Nigam/Corporation to enable them to exercise their option. All such petitioners can appear in the Head Office of the Nigam/Corporation between 16.05.2011 to 18.05.2011 and the respective Nigam/Corporation will make arrangement to enable such petitioners to exercise their option for pension scheme. The Managing Director has also assured the Court Civil Writ Petition No. 19123 of 2010 4 that upon exercise of option by the petitioner or the individuals, the retiring benefits due shall be released within a period not more than 3 months in all respective cases. Any order whereby the claim of the petitioners had been earlier rejected for grant of retiral benefits, would deem to have been set aside and would not stand in his way to exercise option for pension scheme. It has been impressed upon the respondents/Boards through their respective Managing Directors that any violation of the law laid down by the Hon'ble Supreme Court or this Court will be viewed seriously. In such like cases, the persons should not be forced to approach the courts which leads to uncalled for and unwarranted litigation which is avoidable. April 27, 2011 (RANJIT SINGH ) rts JUDGE