JUDGMENT

G.S. Singhvi, J.:-Whether respondent No.1 was entitled to opt for the Pension Scheme after 18 years of his retirement is the question which arises for consideration in this appeal filed by the appellants against judgment dated 4.8.2006 passed by the Division Bench of the Calcutta High Court. The appellants have also challenged order dated 8.12.2006 by which the Division Bench of the High Court dismissed the application filed for review of judgment dated 4.8.2006.

2. Respondent No.1 joined the service of appellant No.1-The Calcutta Port Trust on 19.8.1957 as Class-I Officer. He was posted as Chief Officer (D&D) under the Marine Department of the then Commissioners for the Port of Calcutta, which was re-named as the Calcutta Port Trust on 19.8.1957. He got several promotions and ultimately retired from service w.e.f.1.4.1983 under the Voluntary Retirement Scheme.

3. At the time of appointment of respondent No.1, there was no Pension Scheme for the employees of appellant No.1 and they were given monetary benefits of the Contributory Provident Fund Scheme (CPF Scheme). For the first time, Pension Scheme was introduced for the Commissioner’s employees vide circular dated 29th May, 1962 and made effective from 1.6.1962. All the existing employees, who were in service on 1.6.1962 were given the choice to opt for the Pension Scheme, but respondent No.1 did not exercise the option.

4. Vide circular dated 11.8.1979, appellant No.1 extended the cut off date fixed for exercise of option under the Pension Scheme by Class-I and Class-II officers and fixed 9.11.1979 as the last date. Many officers opted for the Pension Scheme but respondent No.1 did not opt for the same. Similar options were given to the employees vide circulars dated 17.1.1981, 11.3.1981, 29.12.1984 and 19.2.1986, but respondent No.1 did not avail any of the opportunities.

5. In the year 2000, the Central Government issued circular dated 7.1.2000 and sanctioned ex gratia at the rate of Rs.600 per month for the CPF beneficiaries. Respondent No.1 took benefit of that circular and received the amount of ex gratia.

6. In June 2001, the Government of India announced liberalized pensionary benefits for retired Class-I and Class-II officers of Major Ports. This resulted in manifold increase in the pension payable to them. With a view to take advantage of the policy decision taken by the Central Government, respondent No.1 submitted application dated 23.7.2001 for grant of permission to exercise of option in terms of circulars dated 29.12.1984 or 19.2.1986. The relevant portions of the application read as under:

“This is to bearing to your kind notice that I joined my service as Chief Officer D & D under the Marine Department of the then Commissioners for the Port of Calcutta, since renamed as Calcutta Port Trust on 19th August, 1957. During the tenure of my service I got several promotions and ultimately retired from service under Voluntary Retirement Scheme with effect from 1st April, 1983 after completion of 25th years and 4 months of continuous service. At the time of my appointment there was no pension scheme for the employees of the Calcutta Port Trust and as such like all other employees I was given the benefit of Contributory Provident Fund Scheme. Since the time of my retirement. I have no contact with my office. During the tenure of my service pension scheme was introduced in the Calcutta Port Trust for its employees but the said scheme was not responded to by the majority of its employees partly due to non circulation of the said scheme amongst its employees and partly due to the fact that the scheme so introduced was not at all attractive. However, since a poor response was received by the Calcutta Port Trust, the said scheme did not materialize at all. I however could not exercise such option as I was never advised by the authority concerned either about the introduction of the said scheme or about the benefits arising therefrom. I further state that at the ti