Dalveer Bhandari, J. - (1.) LEAVE granted in all the special leave petitions.
(2.) THESE appeals are directed against the judgments and orders of the High Court of Punjab and Haryana at Chandigarh. Basic controversy involved in all these appeals is of similar nature. Therefore, we deem it appropriate to recapitulate the facts incorporated in Civil Appeal No.__________ of 2009 arising out of SLP (Civil) No.23708 of 2005 filed against the impugned judgment delivered by the High Court of Punjab and Haryana in Civil Writ Petition No.3729 of 2004 on dated 28.7.2005. The respondents herein has joined the services of the appellant as Laboratory Attendant in work-charge capacity on 16.5.1963 and continued to perform his duties on work-charge basis on different posts until he was regularized as Head Mistry w.e.f. 14.10.1981. The respondent was a member of the Employees Provident Fund Scheme (for short 'EPF Scheme'). During the period he remained a work-charge employee, the respondent had attained the age of superannuation and retired from the service on 28.2.2001. The appellants computed respondent's pensionary benefits by taking into account only the services rendered by him on regular basis and he was denied benefits of the services rendered by him w.e.f. 16.5.1963 to 13.10.1981 on work- charge basis.
(3.) THE appellants had issued instructions dated 6.8.1993 for the grant of benefit of work-charge service towards pensionary benefits. THE said letter of 6.8.1993 is reproduced as under:- "From : THE Additional Secretary, Haryana State Electricity Board (HSEB), Panchkula Memo No. Ch.9/Pen/G-G-43(93) Dated 6.8.93 Sub: Amendment in the Punjab CSR Vol.II-Adoption of State Govt. Notification THE Haryana State Electricity Board in its meeting held on 23.6.1993 has approved the adoption of Haryana Govt. Notification No.1/2 (55)-88-2 FR-II dated 4.2.92 (copy enclosed for ready reference) with regard to the counting of service rendered by the workers in the work charged capacity towards pensionary benefit scheme. 2. However, most of the Board's workcharged employees are members of Employees Provident Fund (EPF). As such, the pensionary benefit would be subject to the following conditions:- i) On regularization from workcharged to regular employee, the employee has to submit an option within a period of 3 months from the date of regularization or from the date of issue of this circular, whichever is later as to whether he/she intends to count the period of workcharged service rendered by him/her towards pensionary benefits or intends to continue to be a member of EPF. THE option is required to be furnished in writing to his drawing and Disbursing Officer who will authenticate and record its entry in the service book of the employee and also paste the same in the service book so as to form a permanent record for future reference. THE Drawing and Disbursing Officer will also inform about his/her option to the appointing authority immediately. ii) THE option once exercised will be final and not to be allowed to be changed in any circumstances. In case option is not given within the stipulated period of three months, it will be presumed that he/she intends to continue to be a member of EPF. iii) In case, he/she opts for pensionary benefits, he/she has to refund the entire amount of employee's contribution along with interest thereon, towards their EPF in lumpsum for crediting to the Board's account, Employee's contribution alongwith interest is to be deposited with the Board for crediting to his/her GPF account. 3. Similarly, the above benefit will also be available to the pensioners/recipients of family pension of the Board on the same terms and conditions with the exception that they will have to deposit the amount contributed by the Board as Employee's contribution towards EPF alongwith interest thereon, in lumpsum. THE pensioners/recipients of family pension will have to give an Affidavit to the fact that he/she will not claim any interest on the arrear of pensionary benefits which become payable due to adoption of the State Govt. circular. THE pensioners/recipient of family pension will submit their option within 3 months from the date of issue of this circular, for availing pensionary benefits, to the Head of the office last attended. THE option once exercised will be final. In case, option is not given within the stipulated period of 3 months, it will be presumed that he/she intends to continue to be a member of EPF. 4. THEse instructions may please be got noted from all the employees and acknowledge and receipt of the letter. Sd/- Under Secretary (PW) For Additional Secretary, HSEB, Panchkula" The work-charge employees were given three months time to submit an option to the appellants. The appellants issued another circular dated 9.8.1994 allowing the said employees who could not exercise their option in response to the circular dated 6.8.1993 to opt for pensionary benefits. Circular dated 9.8.1994 reads as under:- HARYANA STATE ELECTRICITY BOARD "From : The Additional Secretary, Haryana State Electricity Board (HSEB), Panchkula Memo No. Ch.30/Pen/G-43(93) Dated 9.8.94 Sub: Amendment in the Punjab CSR Vol.II regarding counting of workcharged service towards pensionary benefits - Clarification thereof. The Haryana State Electricity Board in its meeting held on 23.6.1993 had approved the adoption of Haryana Govt. Notification No.1/2(55)-86-2 FR-II dated 4.2.92 and the same was circulated vide Board's Memo No. Ch.2/Pen/G-43(93) dated 6.8.1993. 2. After issue of above Board's circular following issues/queries were raised by the different field officers/officials effected/Workers Unions. The issues/queries were considered by the Executive meeting held on 27.7.94 and necessary clarifications have been approved as under:- JUDGEMENT_883_TLPRE0_2009Html1.htm 3. These instructions may please be got noted from all the employees and acknowledge the receipt of the letter. Sd/- Additional Secretary Haryana State Electricity Board Panchkula";