Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE appellants -non -petitioners in SBCWP No. 2063/2003 are aggrieved against the judgment of the Single Bench dt. 26.08.2008 by which the writ petition of the respondent -petitioner was allowed and the order Annex -9 dt. 27.05.2003 was quashed and it has been held that petitioner is entitled to receive pension and other retiral benefits as per his option. The respondents were directed to grant the pensionary benefit to the petitioner with effect from the date of the retirement in accordance with law and pay the arrears of pension within a period of three months from the date of submission of the certified copy of the order passed by the Single Bench. As per the facts, the pension scheme was formulated and employees of the Rajasthan State Electricity Board who were members of the CPF were given opportunity to opt for pension scheme and for that not only once but number of times, notices were issued by the respondent -department whereby employees were asked to submit their option for pension scheme. For taking benefit, the employees were required to submit their request to the competent authority by 31.03.1996. The relevant notice which was given to the employees is dt. 08.05.1995 and it provides that the option be exercised within the stipulated period of time and further duty was cast upon the employee that it reaches in the office of the Controller of Accounts (P&F), RSEB, Vidhyut Bhawan, Jyoti Nagar, Jaipur -5 and that he obtains acknowledgment thereof.
(3.) THE petitioner's contention is that he submitted option on 29.03.1996 before the Superintending Engineer, who forwarded his case by making endorsement on that request letter, copy of which has been placed on record as Annex.1.;