Vineet Kothari, J. - (1.) HEARD learned counsel for the petitioner. None is present on behalf of respondent, Jodhpur Vidhyut Vitran Nigam Ltd., despite service.
(2.) THE present writ petition has been filed in this Court on 21.02.2002 seeking following reliefs, by the petitioner Dinesh Kumar Srivastava S/o Sh. B.B.L. Srivastava, who was 53 years of age at the time of filing of this writ petition and unfortunately expired during the pendency of the present writ petition on 20.02.2013. "(a) That by an   appropriate writ, order or directions in the nature of certiorari, or mandamus, the respondents may kindly be directed to grant all due annual grade increments to the petitioner which accrued to him after 19.12.1987 till the date of his voluntary retirement and further to grant him due selection grades as his service has been held to be continuous service by this Hon'ble Court in S.B. Civil Writ Petition No. 644 of 1993 from 19.12.1987 till the date of his voluntary retirement. (b) That by an appropriate writ, order or direction, the respondents may also be directed to grant due amount of Bonus to the petitioner which accrued to him from 31.12.1987 till the date of his voluntary retirement. (c) That by an appropriate writ, order or directions, the respondents may also be directed to make payment of due amount of Gratuity and earned leave which accrued to the petitioner at the time of his voluntary retirement, after his pay fixations on account of revision of pay scales and grant of annual grade increments, which accrued to him from 19.12.1987 till the date of his voluntary retirement. (d) That by an appropriate writ, order or direction, the respondents may further be directed to grant due amount of GPF and CPF to the petitioner and further to grant him pension and payment of earned leave which accrued to him at the time of his retirement in accordance with the relevant Rules as he had opted for pension vide Annexure/6 keeping in view the fact that as per the decision of this Hon'ble Court, his services have been treated as continuous service from 19.12.1987 till the date of his reinstatement. (e) That pending petition, if any action is taken against the petitioner, the same may kindly be ordered to be on record and may be set aside and quashed. (f) That any other relief which is deemed fit in the facts and circumstances of this case may kindly be granted to this petitioner. (g) That costs of this writ petition may kindly be awarded in favour of the petitioner." The petitioner, Dinesh Kumar Srivastava, who had served the respondent earlier RSEB and now bifurcated in five companies, Jodhpur Vidhyut Vitran Nigam Ltd. (for short, hereinafter referred to as 'Nigam') as Lower Division Clerk, unfortunately expired on 20.02.2013 but since he was unmarried, his parents father and mother, were taken on record as legal representatives in place of the petitioner vide the order dated 26.09.2013 passed by a coordinate bench of this Court. They were 83 years and 78 years respective of age in the year 2013 when they were taken on record.
(3.) THE issue raised in the present writ petition is limited and the learned counsel for the petitioner submitted that the controversy is covered by the judgment of this Court in the case of Hari Kishore Sharma Vs. State & Ors. reported in : 2012 (2) RLW 1292 (Raj.). The principal issue raised in the writ petition by the petitioner is that he gave his option for switching over from PF scheme to pension scheme as the retiral benefits upon the due retirement dated 22.02.2000 and the option in this regard was submitted to the respondent Employer though Assistant Engineer (O & M), R.S.E.B., Loonkaransar vide Annex. 6.;