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7. On 6th January, 1989 the RSEB issued a notice giving an option to the existing employees (including the respondents) to switch over from the existing CPF Scheme to the Pension and GPF Regulations.

8. The notice stated, inter alia, that the switch-over option should be exercised by the employee in writing within a period of 90 days from the date of its issue and that no request for extension of time, seeking clarification or review would be entertained. Significantly, it was stated in the notice that if an employee does not exercise his clear option within the specified time limit, he shall be deemed to have retained the benefits available to him under the CPF Scheme to which he was already entitled. The notice set out the procedure for exercising the option, which is forwarding it to the concerned officers.

16. A fifth notice was issued by the RSEB on 27th January, 1993 which was in the form of an order. This related to counting of the period of service for pension purposes of work charge employees who were absorbed or appointed to regular posts under the RSEB.

17. It was stated that the work charge employees of the RSEB who were absorbed/appointed on a regular basis would be allowed to exercise the switch-over option subject to certain conditions. The option to switch over was to be exercised in writing up to 15th March, 1993 that is within a period of about 45 days. It was specifically stated in the order that those employees who do not exercise the option within the aforesaid period would be deemed to have retained the benefits under the CPF Scheme. The benefit of the order dated 27th January, 1993 was also extended to those work charge employees who were brought on a regular post on or after 28th November, 1988 but had died before exercising their option. In respect of these persons, the order stated that they would be deemed to have opted for pension unless the members of the family of the deceased specifically make a request that they may be paid CPF benefits due to the deceased. This order also conferred a benefit on those employees of the RSEB who had retired after 28th November, 1988 but prior to the issue of the order and had received the retirement benefits admissible under the CPF Scheme. They too were made entitled to exercise the switch-over option subject to certain conditions. As many as 2749 employees exercised their option in response to the fifth notice.

28. For the sake of convenience a summary of the various notices issued by the RSEB are put down in the form of a chart:

|No. |No|Applica-bil|Validity |Special |Publicity |Remark |Options | | |ti|ity | |reason | | |received | | |ce| | | | | | | | |da| | | | | | | | |te| | | | | | | |1st |06|All |90 days |- |Wide |On non |2741 | | |.0|employees | | |publicity |receipt of| | | |1.| | | |through |option, | | | |19| | | |pasting on|employee | | | |89| | | |the notice|deemed to | | | | | | | |board |have | | | | | | | | |retained | | | | | | | | |CPF | | | | | | | | |benefits | | |2nd |04|- do - |45 days |Non-publicatio|No |- |31217 | | |.0| | |n of Hindi |specific | | | | |4.| | |version |mention | | | | |19| | | | | | | | |89| | | | | | | |3rd |19|All |30.06.1990 |References |- do - |On non |3972 | | |.0|employees | |received from | |receipt of| | | |5.|including | |various | |option, | | | |19|daily rated| |corners | |employee | | | |90|and work | |requesting for| |deemed to | | | | |charged | |an extension | |have | | | | |employees | | | |retained | | | | | | | | |CPF | | | | | | | | |benefits | | |4th |17|All |90 days |- do - |- do - |- do - |2741 | | |.0|employees | | | | | | | |9.| | | | | | | | |19| | | | | | | | |91| | | | | | | |5th |27|Work |15.03.1993 |- |- do - |- do - |2749 | | |.0|charged, | | | | | | | |1.|retired and| | | | | | | |19|deceased | | | | | | | |93| | | | | | | |6th |08|All |31.03.1996 |- |- do - |- do - |4460 | | |.0|employees | | | | | | | |5.| | | | | | | | |19| | | | | | | | |95| | | | | | | |7th |22|Retired |30.11.1995 |Representati-o|Pasting on|- |- | | |.0|employees | |ns received |the notice| | | | |8.| | |from retired |board | | | | |19| | |employees | | | | | |95| | | | | | | |8th |04|All |30.06.1997 |- |- |On non |5076 | | |.0|employees | | | |receipt of| | | |2.| | | | |option, | | | |19| | | | |employee | | | |97| | | | |deemed to | | | | | | | | |have | | | | | | | | |retained | | | | | | | | |CPF | | | | | | | | |benefits | |

29. Two things are quite clear from the narration of facts and the chart. Firstly, that several opportunities were given to the employees of the RSEB (and for prolonged periods) to switch over from the CPF Scheme to the Pension and GPF Regulations. It is stated in the rejoinder affidavit filed by the RSEB that in response to the various notices, out of about 50,000 of its employees, as many as about 46,000 had exercised their option at different points of time to switch over from the CPF Scheme to the Pension and GPF Regulations. Therefore, if some of the employees did not make the switch-over, it may be for reasons personal to them. Secondly, the switch-over option was given to various categories of employees – regular employees, daily rated employees, work charge employees, retired employees and legal representatives of deceased employees. Within these categories were included senior and junior officers, technical and non- technical cadre. In other words, both high ranked and lower ranked staff were included for the purposes of the switch-over option.