Suresh Kait, J.

1. Vide the instant petition, the petitioner is seeking issuance of mandamus directing the respondents to release pension and GPF amount of Rs.1,44,319/- lying in the petitioner’s GPF Account No.FCI/NZ/2197 with admissible interest upon both, i.e., pension and GPF as well.

2. Brief facts of the case are that on 19.09.1960, the petitioner was appointed as Godown Clerk with the erstwhile Department of Food, Ministry of Food and Agriculture, Government of India and worked at various places. The Management of Food Corporation of India (hereinafter referred to as ‘FCI’) came into being in 1966 under the Act of the Parliament, i.e., the Food Corporation Act, 1964. The employees working with the Department of Food, Ministry of Food and Agriculture at its different godowns and offices were transferred from Department of Food bit by bit to the respondent FCI on as and where basis. Accordingly, the petitioner was transferred to the respondent FCI on 01.11.1966.

3. After his being transferred to FCI, the petitioner got promoted to Assistant Grade-I and Assistant Manager (Depot). During the year 1977, while, the petitioner was posted as Assistant Grade-I (Depot) at the A.R.D.C. Godown, Firozabad, under FCI District Office Agra, the respondent FCI sought option from him and other employees, who were transferred from Department of Food to FCI to exercise their individual option:-

(I) Whether to avail the terminal benefits as admissible to the Central Government employees, and

(II) The pay scale of Central Government, or

(III) The scale of FCI and its terminal benefits on retirement.

4. For the aforesaid purpose, each employee including the petitioner was served the option form individually by the Management in quadruplicate. On receipt of the said form, the petitioner exercised option of the terminal benefits as admissible to the Central Government employees after retirement, i.e., ‘Pension’, ‘General Provident Fund (GPF)’, ‘Gratuity’, ‘Leave Encashment’ and ‘Group Insurance’ governed by the Central Government Rules as amended from time to time and also the pay scale of the Central Government employees, which the petitioner was availing previously.

5. The petitioner also put cross marks over the benefits of the FCI column wise to which he did not desire and submitted the option forms with the District Office of FCI at Firozabad on 19.05.1977. The forms were duly witnessed by the officers of the rank of Assistant Manager. The same are annexed as annexure P-1, wherein the petitioner availed the option as under:-

“(a) by the scale of pay applicable to the post held by me under the Government immediately before the date of transfer.

OR

By the scale of pay application to the post under the Corporation to which I am transferred.

(b) by the leave, provident fund, retirement or other terminal benefits admissible to employees of the Central Government in accordance with the rules and orders of the Central Government as amended from time to time.

OR

the leave, provident fund or other terminal benefits admissible to the employees of the Corporation under the Regulations made by the Corporation under the Food Corporation Act.”

6. The respondent after carrying out the necessary scrutiny of the option so exercised by the petitioner and finding the same valid, allotted the petitioner a fresh GPF account number as FCI/NZ/2197 accordingly. The deduction of certain GPF amounts had been made from the monthly salary of the petitioner towards the GPF and the same was credited to the aforesaid account.

7. Mr. Gulab Singh, ld. Counsel appearing on behalf of the petitioner submitted that the deduction of the GPF amount had been regularly made from the salary of the petitioner without any break and credited in the aforesaid GPF account throughout the service period of the petitioner till his retirement from the service of FCI. To this effect, annual GPF statements of the amount so deducted and credited to the petitioner’s GPF acco