ORDER

1. Delay condoned. Leave granted.

2. This appeal by special leave arises from the order of the Central Administrative Tribunal, Ernakulam Bench passed in OA No. 686 of 1995 on 29-9-1995.

3. The respondent was a railway employee. He retired from service, on attaining superannuation, on 21-4-1972 as Chief Inspector of Communications. Consequent on the switching over from the Provident Fund Scheme to the Pension Scheme, options had been given to the employees. In fact the option was given to the respondent six times, but he did not avail of the same. However, an application had been made on 19-12-1993 requesting the appellants to permit him to opt to the Pension Scheme which was rejected by the Government by order dated 19-1-1994. Thereafter, the respondent filed OA in the Tribunal which, in the impugned order, has allowed the petition relying upon the judgment of the CAT, Bombay Bench in OA against which SLP No. 5973 of 1988 was filed and the same was dismissed by this Court in limine. The controversy is no longer res integra. A Constitution Bench of this Court in Krishena Kumar v. Union of India [(1990) 4 SCC 207 : 1991 SCC (L&S) 112 : (1990) 14 ATC 846] had held that since th