A R SAMPATH RAGHAVAN Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of Mandamus directing the respondents to fix the pension payable to the petitioner as per the Government of India Pension Rules and pay the Gratuity and GPF amount and other benefits.

(2.) IN the affidavit filed by the petitioner it is stated as follows: in the year 1997 an option was called for from the Food Department Transferees either to opt for Government benefits or to opt for Corporation benefits and it is stated "now on verification it is stated that I had opted for (FCI) terminal Corporation benefits in the year 1977. " Another option was called for during 1978 wherein he had opted for Central Government terminal benefits and since then he was remitting the amounts to the credit of GPF and he was allowed to withdraw 90% of the amount as per the rules one year before his superannuation. Having allowed him to contribute towards GPF, it was not open to the respondents to withhold his terminal benefits.

(3.) A counter has been filed, in which it is stated that the option was called for in the year 1976 and the option once exercised shall be final and it cannot be revoked. In accordance with the provisions contained in the Presidential Ordinance, options were called for from all the food Department Transferees by the Government Circulars dated 11. 1. 1977 and 21. 1. 1977. In response to these circulars, the petitioner submitted the option on 4. 3. 1977 well within the prescribed time limit to be governed by the Scale of pay applicable to the Post under the Corporation to which he was transferred and also to leave, Provident Fund and other terminal benefits admissible to the employee of the Corporation under the Regulation made by the Corporation under the Food Corporations Act.