- (1.) The present special appeal is directed against order of the ld. Single Judge dt. 13.11.2017.
(2.) The appellant/petitioner stood retired from service from the post of Executive Engineer on attaining the age of superannuation on 30.05.2014. His grievance was that although he has submitted his option to become the Member of C.P.F. Scheme after the Rajasthan Agriculture Marketing Board Service (Pension) Rules, 1995 (hereinafter 'the Rules 1995') and R.5(3) of Rules 1995 envisaged that those employees who have not submitted option they shall be deemed to be a pensioner & member of the Pension Scheme 1995 but it will be the duty of the employee to see that the option form must be received to the concerned competent authority and is properly enclosed in service file/book of the employee just to ensure that the employee who opted to become a member of C.P.F Scheme there may not have any escape to ensure that he remained a member of C.P.F Scheme and obviously for the reason that there has to be a monthly deduction from salary of the employee towards C.P.F. with the equal contribution of the employer.
(3.) Indisputably, in the instant case the employee submitted his option to continue as a Member of C.P.F. Scheme in terms of R.5(3) of the Rules 1995 and regular monthly deduction from his salary towards C.P.F. till his retirement was made and retiral benefits including C.P.F. was paid to him on retirement and that he accepted as alleged under protest.;