Kasliwal, J. - (1.) The above writ petitions and appeal are disposed of by one single order as identical questions of law are involved in these cases. In order to appreciate the controversy we would narrate the facts of the writ petitions. Shri Des Raj Bhatnagar, Petitioner No. 1 and Shri Ved Pal Seth, Petitioner No. 2 were employees of the Central Government. The petitioner No. 1 after serving in various capacities in the Department of food of the Central Government from 24-10-1941 to 31-8-1971 (29 years and 10 months) was permanently absorbed in Food Corporation of India as Assistant on 1st September, 1971 and retired from the Government service,
(2.) The petitioner No. 2 after serving the Government in various capacities for the period from 5-11-1947 to 8-2-1972 (20 years and 3 months) was permanently absorbed on 9-2-1972 in Food Corporation of India as Sr. Asstt. Manager and retired from the Government service.
(3.) On absorption in the Food Corporation of India, the petitioners were required to exercise either of the following two options : (a) Receiving the pro-rata monthly pension and death-cum-retirement gratuity as admissible under the rules; and (b) Receiving the pro-rata gratuity and a lump sum amount in lieu of pension worked out with reference to commutation table obtaining on the date from which the pension was to be admissible and under the option order. The office of the Pay and Accounts Officer, Ministry of Food and Agriculture determined the original pension payable to the petitioners per mensem. The petitioners were sanctioned original pensions in accordance with the provisions of the Central Civil Service (Pension) Rules, 1972, In case of petitioner No. 1 the original pension was determined at Rs. 240/- per mensem payable from 1st September, 1971. In case of petitioner No. 2 the original pension admissible was determined at Rs. 287/- per mensem payable from 9-2-1972.;