By the Court.—Heard Shri Gaurav Kakkar, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri P.S. Baghel has filed appearance on behalf of University of Allahabad and has filed a counter affidavit.

2. This writ petition raises an important question of law, as to whether the option of an employee, who had in terms of Government Order dated 24.12.1983, opted to continue in service upto the age of 60 years, instead of 58 years as a teacher in the University, and had given up of his rights to receive Death-cum-Retirement Gratuity (D.C.R.G.) by exercising option after depositing the Contributory Provident Fund, will continue to bind him posthumously if he does not survive to avail the benefit to continue in employment upto 60 years.

3. Brief facts giving rise to this writ petition are that late Shri Amar Nath Kakkar born on 6.3.1946 was appointed as Lecturer, Department of Defence Studies in the University of Allahabad on 28.8.1968 at the age of twenty two years and five months. He was confirmed on 9.8.1970 and earned promotions rising to the post of Professor and Head, Department of Defence Studies in the University. The University