Shiv Kumar Sharma, J. - (1.) The petitioner has approached this court with the following prayer - (i) to quash and set aside the order dated Feb. 28, 1992 whereby petitioner's request for terminal and other retirement benefits as admissible to the Central Government Employees was rejected. (ii) to issue directions to treat the option exercised by the petitioner as final and grant him pension and other retiral benefits in accordance with the terms of option. (iii) alternatively to treat the option exercised by the petitioner on Feb. 1, 1988 as valid option and all pensionary and other retiral benefits be granted to the petitioner.
(2.) Earlier writ petition of the petitioner bearing No. 3247 of 1989 was disposed of by this court on April 5, 1991 and the respondents were directed to decide the grievances of the petitioner incorporated in para 10 of the said writ petition within four months. In that writ petition the petitioner had prayed to decide his pension's case in accordance with the terms of option exercised by him. The respondents after sought (sic. seeking) extension of time limit rejected the claim of the petitioner for retiral benefits as admissible to the employees of central Government vide order dated Feb. 28, 1992. The petitioner has impugned this order in the instant writ petition.
(3.) It was contested on behalf of the petitioner that the impugned order dated Feb. 28, 1992 was passed by Regional Manager FCI who was not legally competent to pass it. The order ought to have been passed by the Ministry of Food, Government of India but file of petitioner's case was not sent there. The petitioner never exercised any option for C.P.F. He was transferred from food Department to F.C.I. on Jan. 1, 1966 and treating him an employee who had opted for pension, his G.P.F. was being regularly deducted. Thus looking from all angles the petitioner is entitled to all pensionary and retiral benefits in accordance with the options exercised by him i.e. on the pay scale and other allowances of Corporation with terminal benefits available to Central Government servants. The petitioner has placed copy of reply filed by the respondents in the earlier writ petition (Ex. 25) to show that the respondents had admitted this fact that the petitioner had exercised option. The petitioner was allotted new G.P.F. number treating him as an employee who opted for pensionary benefits.;