- (1.) This order shall dispose of CWP Nos. 4201 of 2004 and 4211 of 2004. The prayer made by the petitioners in both the petitions is that their work charged service period from 3.7.1967 to 31.10.1988 and 11.5.1963 to 31.10.1988 respectively be computed as qualifying service for the purpose of pension and their pension and pensionary benefits be re-fixed accordingly. A further prayer has been made that all the arrears which become payable after such a computation be said to the petitioners with interest @ 18% per annum from the date the payment became due till the date of their realisation. The claim of the petitioners is based primarily on the Full Bench judgment of this Court in the case of Kesar Chand v. State of Punjab, 1988 94 PunLR 223 and the subsequent amendment carried in Rule 3.17A of the Punjab Civil Services Rules, Volume II (as applicable to Haryana) which was incorporated on 4.2.1992 by amendment w.e.f. 9.1.1974 (P-1). The same was adopted by respondent No. 4 on 23.6.1993 and was circulated by circular dated 6.8.1993 (P-2). It remains undisputed that the petitioners have rendered work charged service from the aforementioned dates and were later appointed on regular basis for regularisation of their services.
(2.) The prayer made by the petitioners has been opposed by the respondents by taking two objections. Firstly, it has been submitted that the petitioners were required to submit an option within a period of three months from the date of their regularisation or from the date of issuance of circular dated 6.8.1993 (P-2). Secondly, it has been asserted that the benefit of employer's contribution along with interest has not been deposited by the petitioners which were required to be done after exercising option within a period of three months. When the matter came up for consideration on 16.10.2006, we had asked the learned counsel for the respondents to produce the record to show whether the petitioners were ever asked to exercise option and they have signed any acknowledgement accepting the circulation of the aforementioned circular. The record has been produced before us, which shows that circular was sent by the Secretary, H.S.E.B. to the Chief Engineers, the Superintending Engineers and the Executive Engineers. The last endorsement made by the Executive Engineer on 23.8.1993 shows that the copy of the circular has been forwarded to all the Assistant Executive Engineers and Assistant Engineers-I for compliance of the instructions. However, there is no acknowledgement receipt from any of the employees. Under Clause 4 of the circular it is specific requirement of the aforementioned circular that these instructions were to be got noted from all the employees and they must acknowledge the receipt of the letter. From the perusal of the record it is evident that the aforementioned Clause itself has been violated as the circular has not been got noted in accordance with the requirement of Clause 4. Even otherwise, the matter is not res integra as two Division Benches of this Court have taken the view that in the absence of acknowledgement of the circular by an employee, the plea taken by the respondents cannot be countenanced. In that regard reliance may be placed on two Division Bench judgments of this Court in the case of Dilwar Singh v. Haryana Power Generation Corporation Limited, 2006 3 SCT 412 and Ram Kumar v. Uttar Haryana Bijli Vitran Nigam Limited, 2006 3 SCT 628 With regard to depositing of provident fund paid to the petitioners to the extent of employer's contribution, two Division Benches have taken the view that the aforementioned amount which was required to be deposited with the respondents could be adjusted from the amount which the petitioners may be found to be entitled to as a result of recalculation by adding the work charged period by treating the same as qualifying service. In that regard reliance may be placed on two Division Bench judgments in the case of Harjinder Singh v. State of Punjab,2003 4 SCT 1and Kasturi Lal Khurana v. State of Punjab, 2003 4 SCT 462
(3.) In view of the above, the writ petitions are allowed. The petitioners are held entitled to computation of work charged service as qualifying service from 3.7.1967 to 31.10.1988 and 11.5.1963 to 31.10.1988 respectively. The employer's contribution in the provident fund drawn by the petitioners shall be adjusted and set off from the arrears which may become payable after the aforementioned calculation and computation. The respondents shall undertake the exercise of computation and calculation of arrears and complete the same within a period of two months from the date of a certified copy of this order is supplied to them. The petitioners shall also be entitled to interest on the arrears after setting off of contributory provident fund to the extent of employer's contribution at the rate of 8% per annum from the date the arrears were payable till the date of appointment. The petitions stand allowed in the above terms.;