JUDGMENT :

G.S. Singhvi and C. Nagappan, JJ. - This appeal is directed against judgment dated 26.3.2007 by which the Division Bench of the Calcutta High Court dismissed the appeal filed by the appellant and confirmed the order of the learned Single Judge, who rejected the appellant's prayer for issue of a mandamus to the respondents to allow him to opt for Pension Scheme.

2. The appellant who joined service in the Kolkata Port Trust was compulsorily retired vide order dated 6.3.1991. C.O. No.1021(W) of 1991 filed by the appellant for quashing that order was allowed by the learned Single Judge of the High Court and a direction was issued for his reinstatement with full back wages and other consequential benefits. The appeal filed by the Kolkata Port Trust was dismissed by the Division Bench of the High Court.

3. In compliance of the High Courts order, the appellant was reinstated on 20.2.1996. He retired from service with effect from 1.3.1996 on attaining the age of superannuation.

4. After about nine months of his retirement, the Government of India, Ministry of Surface Transport sent letter dated 9.1.1997 to the Chairman of Major Port Trusts informing them that all the CPF retirees or