JUDGMENT

Swatanter Kumar, J. —

1.The appellant was serving in the Indian Air Force as Air Corporal and after putting in fifteen years of service, he received military pension in accordance with the Rules. On 17th April, 1978, the appellant joined Narora Atomic Power Station as a Tradesman E. The power station was under the control of Department of Atomic Energy, Government of India. The appellant claims that he had a choice to avail pensionery benefits from the Air Force or in the alternative not to take pension from the Air Force but to have the benefit of combined qualifying service for his military and civil services from the Union of India. However, the appellant exercised his option to receive benefits from the Air Force and did not opt for combined benefits of Civil and Military Pension.

2.On 3rd September, 1987, the Government incorporated Nuclear Power Corporation of India Limited (NPCIL) under the provisions of Companies Act, 1956. Consequent upon the incorporation, all the employees of Nuclear Power Board (for short ‘NPB’) a constituent unit of Department of Atomic Energy (for short ‘DAE’) were transferred en masse on deputation to the Corporation vide notification dated 4th