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 their families that they can opt for Pension Scheme subject to the condition that they will have to refund the element of contribution of the Port Trust with interest accrued thereon. The last date for exercise of option was 31.3.1997.

5. In compliance of the direction contained in the aforesaid letter, the Calcutta (now Kolkata) Port Trust issued circular dated 1.2.1997 to all Heads of Departments and asked them to widely circulate the policy decision taken by the Government of India so as to enable the willing and eligible retired employees or their family members to exercise option for Pension Scheme. A notice to this effect was also published in daily newspapers dated 17.2.1997. Later on, the cut off date specified in circular dated 10.2.1997 was extended to 30.6.1997.

6. In the meanwhile, the Ministry of Surface Transport sent telex dated 15.4.1997 and removed the condition of refund of CPF contribution with interest. The Kolkata Port Trust sent copies of the telex to all Heads of Departments for the purpose of wide circulation amongst the eligible retired employees but information about the same was not published in any newspaper.

7. There were further extension in the cut off date specified in letter dated 9.1.1997, the last being 31.12.1997. However, information about the revised cut off date was not given to the retired employees and/or their families by sending individual communication or by making publication in the newspaper.

8. On 6.6.2003, the appellant made a representation to the Chairman of Calcutta Port Trust to allow him to exercise option for Pension Scheme by stating that he came to know about the liberalized Pension Scheme from a colleague in May 2003. The same was rejected vide letter dated 22.10.2003, the relevant portions of which are extracted below:

"Your representation dated 6.6.2003 was examined by the Administration in consultation with the relevant rules. It has been observed that you adopted for settlement under CPF Scheme on your retirement w.e.f. 01.05.1996. In January, 1997 the Govt, of India allowed CPF retirees who retired between 01.1.1996 and 31.1.1997 to exercise option to switch over to the Pension Scheme. This was widely circulated through press insertions. The last date for exercising such option was 31.12.1997. None of the CPF retirees was intimated individually. Accordingly your contention is not considered tenable. Moreover the last date for exercising option to switch over to pension scheme was fixed by the Ministry and KoPT has no discretion in the matter.

2. Your subject appeal darted 06.6.2003 was placed before the Competent Authority who has rejected the same with the advice that the ministry allows similar option in future your case may be considered in accordance with relevant order of the Central Govt