Judgement

JUDGMENT :- Delay condoned. Leave granted.

2. This appeal by special leave arises from the order of Central Administrative Tribunal, Ernakulam Bench passed in O. A. No.686/95, on September 29, 1995.

3. The respondent was a railway employee. He retired from service, on attaining superannuation, on April 21, 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 option for six times was given to the respondent, but he did not avail of the same. However, an application had been made on December 19, 1993, requesting the appellants to permit him to opt to the Pension Scheme which was rejected by the Government by order dated January 19, 1994. Thereafter, the respondent, filed O. A. in the Tribunal which in the impugned order, has allowed the petition relying upon the judgment of the CAT, Bombay Bench in O. A. against which S. L. P. No. 5973/88 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) 3 SCR 352 : (AIR 1990 SC 1782),