SANJEEV PRAKASH SHARMA,J. - (1.) The writ petition has come up with a case that he has appointed as a conductor on 30.07.1975 and he had been suspended in the year 1995 on ground of certain charges levelled against him. While he was under suspension the respondents establish new scheme for pension under the Corporation Employees Pension Scheme and option form was asked to opt for pension he submitted his option within 30 days after he was reinstated on 06.07.1996. Thereafter, the Disciplinary Authority dismissed him from services on 29.04.1997. The Industrial Tribunal rejected the application under Section 33(2)(b) seeking approval of the management on 21.08.2004. Vide order dated 16.01.2008, the Single Bench of this Court upheld the order of the Tribunal. The said appeal preferred against the said order was dismissed by DB on 21.03.2013. Supreme Court dismissed the SLP preferred against the same on 18.11.2013 where-after an order was issued on 09.01.2014 by the respondents purportedly in compliance of the orders passed by the Tribunal on 21.08.2004, however, consequential benefits were not granted as the petitioner had already attained superannuation. The petitioner was not released pension and denied on the ground that his option form had not been received within time in terms of the notification dated 15.06.1996. In the circumstances it was asserted by the department that the petitioner was not entitled to receive pension.
(2.) The petitioner by way of the present writ petition has prayed for release of his pension by treating the petitioner to be reinstated from the date of his suspension and to grant him all consequential service benefits in view of the order dated 09.01.2014 being set aside. It is further prayed to accept the option form of the petitioner for pension.
(3.) The respondents have submitted in their reply and have stated that on 28.05.1996 amended was made in Sub-Regulation (L) of Regulation 3 of the Rajasthan State Road Transport Corporation Employees Pension Regulations 1989 following words were added : "Any existing employee who does not exercise the final option in favour of Pension within the specified period of 90 days, shall continue to be regulated under the RSRTC CPF Regulation, 1964.";