MAHINDER SINGH Vs. EXECUTIVE ENGINEER AND ANOTHER

JUDGEMENT

(1.) Petitioner had joined service of the respondents, earlier known as Haryana State Electricity Board, as Store Mate, on 27.9.1972, on work-charge basis. The services of the petitioner were regularised on 27.10.1980. On 30.4.2001, petitioner took voluntary retirement. However, the pension of the petitioner was sanctioned on 20.7.2001 without counting work charge service rendered by him. On 11.11.2003 petitioner served legal notice on the respondents claiming benefit of the service rendered by him on work- charge basis towards the computation of retiral benefits. As the respondents failed to take any action on the said legal notice, petitioner has filed this writ petition under Articles 226/227 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to re-determine his pension after counting the service rendered on work-charge basis and for payment of consequential arrears.

(2.) In their written statement, the respondents have come up with the submissions that the petitioner was called upon to exercise his option in accordance with the circular issued on 6.8.1993. Since the petitioner had not exercised his option, he was not entitled to claim benefit of the service rendered on work-charge basis, towards the grant of pension. It has further been pointed out that if the petitioner had exercised his option for the benefit of the service towards pension, he would have been required to surrender the amount of the contribution made by the respondent-department towards EPF with interest.

(3.) We have heard counsel for the parties and have perused the records.