- (1.) The petitioners in this petition under Articles 226/227 of the Constitution of India, seek directions to allow them to exercise their option for pensionary benefits scheme in terms of circular dated 6.8.1993 (Annexure P1) as clarified vide circular dated 9.8.1994 (Annexure P2). Besides, they seek the counting of work charge service rendered by them along with the regular service for the grant of pensionary benefits.
(2.) The petitioners were initially appointed on work charge basis and subsequently their services were regularized and they were promoted on various posts in the erstwhile Haryana State Electricity Board (HSEB - for short) now known as Uttar Haryana Bilji Vitran Nigam Limited (Nigam - for short). The particulars of the service record of the respective petitioners has been mentioned in the legal notice (Annexure P5).
(3.) Written statement has been filed by the respondents in which objection has been taken regarding failure of the petitioners to exercise their option within the time fixed by the aforesaid circulars dated 6.8.1993 (Annexure P1) as subsequently clarified on 9.8.1994 (Annexure P2). The petitioners, it is submitted, had failed to exercise their option as to whether they intend to count the period of work charge service towards pensionary benefits within three months, even though it was duly intimated. It is submitted that the petitioners were fully aware of the circulars that had been issued by the HSEB as wide publicity was given and it was even pasted on the notice board of the XEN (Operation Division) of the Nigam (respondent No. 3). Besides, one Balbir Singh, Driver. working in the said office, had exercised his option within time and was given the benefit of regular service. Therefore, it is stated that the writ petition is liable to be dismissed.;