JUDGMENT

M.Y. Eqbal, J.

1. The short question involved in these appeals is – Whether the employees of the appellant-Rajasthan State Road Transport Corporation are eligible to claim pensionary benefits under the Pension Scheme in view of the non-compliance with the essential conditions stipulated in the Regulations which govern the said Pension Scheme?

2. Admittedly, the concerned employees [Madugiri and Yakub Khan, respondents (since deceased) in Civil Appeal No.5274 of 2008 and late Nathu Singh, respondent’s husband in Civil Appeal No. 952 of 2009] of the appellant-Corporation retired from service respectively on 31.1.1991, 31.1.1992 and 31.3.1992 and were paid Contributory Provident Fund (CPF) including the share of employer’s contribution. On 11.1.1993, the Rajasthan State Road Transport Corporation Employees Pension Regulations, 1989 (in short “the Regulations”) came into force. As per clause 3(1) of the said Regulations, option was given to the existing employees as well as those employees who retired before coming into force of these Regulations but before acceptance of option and grant of benefit condition was placed on the employees to refund the employer’s share of CPF with interest. The above named employees exercised their option in favour of the pension scheme under the Regulations, but did not deposit the amount of employer’s share of CPF with interest in lumpsum within the stipulated time.

3. Clause 3(1) of the said Regulations reads as under:

“Option” means a written consent of the existing regular employees for pensionary and gratuity benefit along with the adoption of the General Provident Fund Regulations, 1989 or to continue as member of the existing CPF scheme covered under the EPF Act, 1952 within a period of 90 days from the date of publication of RSRTC Pension Regulations. Any existing employee who does not exercise the option within specified period of 90 days shall be deemed to have exercised option in favour of the Pension and CPF Regulations.

The option once exercised or deemed to have been exercised shall be considered as final and no representation in this respect shall be considered valid for any revision. It will be for the personal responsibility of the departmental officer to ensure that his option reaches timely in the office of Dy. G.M. (P&F) RSRTC, Jaipur.

xxx xxx xxx

In case any employee or his nominee obtains the final refund of CPF between 1st April 1989 and specified period for exercising option, the employer’s share with accrued interest time to time shall have to be deposited in lump sum before granting the option for pension.”

4. As the amount of employer’s share of CPF with interest in lumpsum was not deposited by the employees within the stipulated time, their claim for grant of pensionary benefit was rejected by the appellant-Corporation. The decision of the Corporation was challenged in the High Court by filing writ petitions which were disposed of with direction to the Corporation to accept the option submitted by the employees with regard to grant of pension and to allow the same to the employees by deducting the amount of excess provident fund with interest which is said to be granted earlier. Aggrieved by the orders passed in writ petitions, the appellants herein filed D.B. Civil Special Appeals (W) before the Division Bench of the High Court which were dismissed by the orders impugned in these appeals.

5. After hearing the learned counsel appearing for the parties and perusing the Regulations, particularly Clause 3(1) as quoted hereinabove, we are of the considered opinion that the view taken by the learned Single Judge and also the Division Bench is not in consonance with the conditions presecribed in the said Regulations.

6. The learned Single Judge disposed of the writ petition filed by Madugiri and Yakub Khan, with the following directions:

“Accordingly this petition for writ is disposed of with a direction to the respondent Rajasthan State Road Transport Corporat