JUDGMENT

Pattanaik, J.-This petition under Article 32 of the Constitution is by a superannuated railway employee seeking a mandamus from this Court to the railway administration directing them to allow the petitioner to switch over from the Provident Fund Scheme to the Pension Scheme and for a further direction that the petitioner should be granted the pensionary benefits w.e.f. the date of his superannuation i.e. 14.7.1972.

2. The undisputed facts are that the petitioner started his career as an employee under Madras and Southern Maharata Railway on 23rd of July, 1938. The said Railways later on became the Southern Railway. On attaining the age of superannuation, after rendering 34 years of service the petitioner retired on 14th July, 1972. The railway administration had sought for the option from the petitioner as to whether he would remain in Contributory Provident Fund Scheme or would switch over to the Pension Scheme. The petitioner, however, opted to continue in the Contributory Provident Fund Scheme and accordingly on his superannuation the entire dues which he was entitled to from the Provident Fund Scheme was paid to him. The further case of the petitioner is that since the