JUDGMENT

KASLIWAL, J. - The above writ petitions and appeal are disposed of by one single order as identical questions of law are involved in these cases. In order to appreciate the controversy we would narrate the fact of the writ petitions. Shri Des Raj Bhatnagar, petitioner 1 and Shri Ved Pal Seth, petitioner 2 were employees of the Central Government. Petitioner 1 after serving in various capacities in the Department of Food of the Central Government from October 24, 1941 to August 31, 1971 (29 years and 10 months) was permanently absorbed in Food Corporation of India as Assistant on September 1, 1971 and retired from the government service.

2. Petitioner 2 after serving the government in various capacities for the period from November 5, 1947 to February 8, 1972 (20 years and 3 months) was permanently absorbed on February 9, 1972 in Food Corporation of India as Senior Assistant Manager and retired from the government service.

3. On absorption in the Food Corporation of India, the petitioners were required to exercise either of the following two options :

(a) Receiving the pro rata monthly pension and death-cum-retirement gratuity as admissible under the rules; and

(b) Receivin