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5. On 28th November, 1988 the RSEB, in exercise of powers conferred by Section 79 of the Electricity (Supply) Act, 1948 made the Employees Pension Regulations, 1988 (for short ‘the Pension Regulations’) and the Employees General Provident Fund Regulations, 1988 (for short ‘the GPF Regulations’).

6. Both the set of regulations came into effect on 28th November, 1988 and the existing employees of the RSEB on the cut-off date were entitled to exercise an option of either continuing as members of the existing CPF Scheme or switching to the Pension Scheme and the GPF Scheme under the Pension Regulations and the GPF Regulations respectively within a period of 90 days from the date of commencement of the GPF Scheme. Such of the employees of the RSEB, who joined after 28th November, 1988 were automatically governed by the Pension Regulations and the GPF Regulations. The switch-over option was, therefore, available to only those employees who were on the rolls of the RSEB on the cut-off date.

60. The final question that arises for consideration relates to the right, if any, of the respondents to exercise the switch-over option at any point of time or to have it kept alive by the RSEB for an indefinite period or at least till the superannuation of the respondents.

61. In this regard, the definition of ‘option’ occurring in Regulation 2(o) of the Employees General Provident Fund Regulations, 1988 is important. An ‘option’ requires a written consent of the existing employee to either continue with the CPF Scheme or to opt for the GPF Scheme within a period of 90 days from the commencement of the GPF Regulations. The period of 90 days commences with the GPF Regulations coming into force with effect from 28th November, 1988. The definition also provides that an employee who does not exercise the option within the period of 90 days shall be deemed to have exercised his option in favour of the existing CPF Scheme. It is also provided that it will be “the personal responsibility of the concerned employee/officer to ensure that his option reaches timely in the office of the COA (P&F), RSEB, Jaipur.” In other words, not only is a time limit statutorily prescribed by the GPF Regulations for exercising the option, but a responsibility has been cast on the employee to ensure that his option reaches the concerned authorities within the time prescribed.

70. Insofar as the present appeals are concerned, the respondents who are members of the CPF Scheme were given several opportunities of switching over to the Pension Scheme and the GPF Scheme under the Pension Regulations and the GPF Regulations respectively but they chose not to do so. The question whether under these circumstances pension is a bounty or a charity becomes completely irrelevant. The entitlement to pension was available to the respondents but they chose not to avail the entitlement for reasons personal to them. Having taken a decision in this regard the respondents cannot now raise an argument of pension not being a bounty and therefore requiring the RSEB to give them another option to switch over to the Pension and GPF Regulations.

Civil Appeal No.7570/2014 (Arising out of SLP (C) No. 9990 of 2013 (from Civil Special Appeal (Writ) No. 237 of 2012 in CWP No. 1079 of 2008)

74. Learned counsel submitted that the writ petitioner gave his switch- over option well in time and in fact deductions from his salary had been made under the GPF Scheme for several months thereafter.

75. It appears that the reason for not accepting the option given by the writ petitioner was that he had taken a housing loan under the CPF Scheme and was requested by a letter dated 18th March, 2000 to return the amount so that his switch-over option could be considered. Since he failed to do so, his option was not accepted. The writ petitioner denied receipt of the letter dated 18th March, 2000 and reiterated that deductions had been made from his salary under the GPF Scheme.