JUDGMENT :

Madan B. Lokur, J.

1. Leave granted.

2. The primary question for consideration in all these appeals is whether the respondents were entitled, as of right, to one more opportunity to switch-over from the Contributory Provident Fund Scheme of which they were members, to the Pension Scheme and the General Provident Fund Scheme implemented by the appellant with effect from 28th November, 1988?

Broadly speaking, the contention of the respondents is that they were unaware of the switch-over option since they were posted in remote areas of Rajasthan, while the contention of the appellant is that a large number of opportunities extending over 8 years were given to the respondents to exercise the switchover option and that they could not claim any right to any further opportunity to make the switch over.

3. In our opinion, the contention of the appellant must be accepted and the impugned judgment and order dated 17th May, 2012 accepting the contention of the respondents has to be set aside.

The facts

4. The Rajasthan State Electricity Board (for short ‘the RSEB’) had introduced a Contr