JUDGMENT- P.S. PATANKAR, J.:---Rule returnable forthwith. Heard both sides for disposal. No reply is filed in spite of the order dated 14-12-98. By this petition, the petitioner is praying for restoration of one-third pension after 15 years of his absorption in Maharashtra Industrial Development Corporation in view of the Maharashtra Civil Services (Pension) Rules, 1982.

2.The petitioner entered the service on 7-7-47 in the Revenue Department of the State Government. He worked in the Department upto 24-6-67. At that stage the State Government took the decision to establish Maharashtra Industrial Development Corporation and some of the officers working under the State Government were to be deputed. The petitioner was accordingly deputed on 24-6-67. He came to be absorbed permanently in Maharashtra Industrial Development Corporation Service on 19-5-72 as per the Government Resolution of the even date. The said Government Resolution provided that retirement benefits admissible under the concerned Government Resolution should be sanctioned to the petitioner. Accordingly orders of payment of commuted value of pension under letter dated 5-3-81 was issued. The petitioner was accordingly paid i.e. gratuity and lumpsum in lieu of pension as per the table obtained on the date of superannuation as per his option. After 15 years of his absorption, the petitioner first made a representation on 29-5-97 for restoration of commuted pension. Such representations were made from time to time. However, on one pretext or the other, the same was not granted to the petitioner. The decision was postponed by the State Government. This decision was postponed by the State Government on one ground or the other. There is no dispute regarding the facts.

3.The learned Counsel for the petitioner has pointed out Rule 67 of the Maharashtra Civil Services (Pension) Rules, 1982. The relevant part thereof reads as under :

"67 ....................................................................

(e) Every Government Servant will exercise an option, within six months of his absorption for either of the alternatives indicated below:---

(i) receiving the monthly pension and retirement gratuity already worked out under (a) above.

(ii) receiving the retirement gratuity and a lumpsum amount in lieu of pension worked out with reference to commutation table obtaining on the date from which the pro rata pension, gratuity etc. would be disbursable.

Where no option is exercised within the prescribed period, the Government servant will automatically be governed by alternative (ii) above. Option once exercised shall be final. The option shall be exercised in writing and communicated by the Government Servant concerned to the concerned Undertaking, Department and Audit.

(f) Where a Government Servant elects alternative (e) (ii), he shall, in addition to the retirement gratuity be granted ---

(i) On an application made in this behalf, a lumpsum amount not exceeding the commuted value of one third of his pension as may be admissible to him in accordance with the provisions of Chapter III of the Maharashtra Civil Services (Commutation of Pension) Rules, 1984; and

(ii) Terminal benefits equal to the commuted value of the balance amount of pension left after commuting one-third of pension referred to in Clause (i) in accordance with provisions of Chapter IV of the Maharashtra Civil Services (Commutation of Pension) Rules, 1984 subject to the condition that the Government Servant surrenders his right of drawing two-third of his pension.

He has also relied upon the judgment of the Supreme Court reported in (Welfare Association of Absorbed Central Govt. Employees in Public Enterprises v. Union Of India)1, 1996(2) S.C.C. 187. The Honourable Supreme Court was considering the provisions of Central Civil Services (Pension) Rules, 1972. The rules for consideration were Rules 37 and 37-A. Rule 37 and 37-A are pari materia with the above quoted Rule 67 of the Maharashtra Civil Services (Pension) Ru

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