JUDGMENT :

A.S. SUPEHIA, J.

1. The present LPA is directed against the order dated 15/10/2014 passed by the learned Single Judge rejecting the writ petition being SCA No.10721 of 2013 filed by the father of the applicants-deceased writ petitioner. During the pendency of the present appeal, the appellant- original writ petitioner has passed away hence, the appeal is pursued by his legal heirs.

2. The writ petitioner was seeking directions on the respondent – Corporation to accept the option exercised by the him to avail the pension under the Pension Scheme introduced vide Government Resolution dated 24/08/1994. However, the respondent–Corporation has denied the request of the deceased–employee for the reason that he cannot be allowed to exercise the option at this stage, as he was dismissed from service.

3. The facts, which are established from the pleadings are that the petitioner was recruited as a Drainage Junior Pump Operator in the year 1972. On 01/01/1992, in view of the incident of misbehavior with the Supervisor, he was charge-sheeted and thereafter, he was subjected to the departmental proceedings, which ultimately resulted into dismissal from the service on 12/08/1994.

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