- (1.) : 1. The main prayer of the petitioner in this petition is that the petitioner is not allowed to opt for the pension Scheme from his C.P.F. (Contributory Provident Fund) Scheme by the respondent nos. 2 and 3. Petitioner left services from respondent nos. 2 and 3 by tendering resignation with effect from 18th December, 1976.
(2.) I have heard learned counsels appearing on both the sides and looking to the facts of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons: - (i)it appears from the facts of the case that the present petitioner was initially serving with Central Fuel Research Institute, Dhanbad with respondent no. 3 and petitioner tendered his resignation with effect from 18th December, 1976 on his being permanently absorbed as Superintending Engineer Chemical in the Central Coalfields Ltd with effect from 19th of December, 1976. (ii)it also appears from the facts of the case that the present petitioner has withdrawn his Contributory Provident Fund amount from C.F.R.I. i.e. from respondent No. 3. Thus, there is no question of switch over to pension scheme from C.P.F. Scheme. (iii)the petitioner has retired from Central Coalfields Ltd. with effect from 30th of June, 1986. Thus, the petitioner is not entitled for any pension scheme as he was already in C.P.F. Scheme and has already withdrawn his full amount from C.F.R.I. in 1979. (iv)it appears that the petitioner is taking a shelter under a letter dated 28th of January, 2004 so as to bring his petition nearer to the year, 2006 i.e. in the year in which the petition is filed, but the letter dated the of January, 2004 written by officiating respondent no. 2 is nothing but, mere reiteration of the fact that matter was already disposed of by respondent no. 2 vide letter dated 11th of February, 1991. Thus, at a much belated stage after 1991 the petition is filed in the year 2006. (v) the petitioner had also instituted Original Application No. 129 of 1992 before Central Administrative Tribunal, Patna Bench. Thus, O.A. No. 129 of 1992 was dismissed on merit vide order dated the of May, 1994 which includes very same relief which is prayed in the writ petition. (vi) It appears that after receiving the order from Central Administrative Tribunal, Patna Bench dated th of May, 1994, no appeal has been preferred. Thus, the order passed by Central Administrative Tribunal, Patna Bench in O.A. No. 129 of 1992 dated 9th of May, 1994 has attained its finality. (vii)It also appears from the facts of the case that the petitioner has left his services from respondent no. 3 with effect from 18th of December, 1976 by resignation. He has also received the payment of Contributory Provident Fund contribution and employees share with interest thereon during the year 1979. As a cumulative effect of the aforesaid facts and reasons, there is no substance in this petition. The prayer, as prayed for, in this petition can not be granted to the petitioner. For the aforesaid facts and reasons it appears that again and again the petitioner is trying to get the same relief which was already once dismissed by the Central Administrative Tribunal, Patna Bench. The order is against the present petitioner in that matter has never been further challenged and again this petition has been instituted and, therefore, I hereby dismissed this petition with a cost of Rs. 500/ -to be paid to respondent no.3. The petitioner is directed to deposit Rs. 500/ -before this Court within a period of four weeks from today, which upon application of respondent no. 3 will be allowed to be withdrawn.;