GOVERDHAN UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed on 1.8.1960 as watchman in the department of Food Central Store Department at Agra Cantt. which was run and controlled by the Union of India. in the year 1965 services of the petitioner were transferred to the Food Corporation of India under Section 12A of the Food Corporation Act, 1964. it is stated in the writ petition that every employee of Food Corporation who was transferred under Section 12A (1) of the said Act was supposed to submit option under Section 12A (4) and the petitioner could not file the option and ultimately was advised that there was an oral option. The petitioner continued to contribute to the General Provident Fund and never contributed to the Contributory Provident Fund. Ultimately by letter dated 5.12.1983 the petitioner was informed that he would retire on 30.9.1985 on attaining 58 years of age. The petitioner made representation and was informed in reply thereto that as he had not submitted option form, the petitioner would be treated to be governed by the Regulations of the Corporation nor the Rules of the Government. Being aggrieved, the petitioner filed this writ petition.

(2.) The respondents filed counter-affidavit wherein it has been stated that the petitioner having not filed the option form as required under sub-section (4) of Section 12A he was transferred to Corporation by virtue of Section 12A (1) and ceased to be the employee of the Central Government. it has been stated that provisions of Regulations of Corporation became applicable in the case of the petitioner and, therefore, the petitioner is to retire on attaining the age of 58 years in terms of the relevant Service Regulations of the Corporation. The facts and circumstances stated by the petitioner showing as to why he could not submit the option form have been denied.

(3.) The petitioner filed rejoinder-affidavit.