SRIDHAR MALIK Vs. HSEB AND OTHERS

JUDGEMENT

(1.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case.

(2.) The claim of the petitioner is being disputed mainly on the ground by the respondent that the petitioner has not exercised the option to switch over the pensionary scheme within time and, therefore, he cannot take the benefit of this scheme. On the contrary, the case set up by the petitioner is that it was never brought to his notice by the Board that the employee can switch over to the pensionary scheme. Be that as it may, I do not want to go into this controversy, but dispose of this writ petition by giving directions to the respondents to issue a demand notice to the petitioner within 15 days from the receipt of copy of this order as to how much amount should be paid by the petitioner so as the avail the benefit of the scheme. The respondent authorities shall be at liberty to charge interest on the amount @ 9% per annum witch the petitioner is supposed to pay. On receipt of demand notice the petitioner shall deposit the amount as mentioned in the demand notice within 15 days with option and on receipt of the amount and option the respondent authorities shall give the benefit of the pensionary scheme to the petitioner and take a decision within three moths thereafter.