By the Court.—The special appeal has arisen from a judgment of the learned Single Judge dated 7 July 2014 by which, a batch of matters including the writ petition filed by the appellant has been dismissed. The relief which the appellant sought in his writ petition, besides challenging an order of the General Manager of Uttar Pradesh State Road Transport Corporation (UPSRTC) dated 31 July 2013, was a direction to grant him monthly pension together with arrears from the date of retirement on 30 June 2009. The writ petition stands dismissed by the judgment of the learned Single Judge.

2. The appellant was appointed in the erstwhile Uttar Pradesh Government Roadways as a daily wager on 14 July 1972. On 1 June 1972, Uttar Pradesh Government Roadways was converted into Uttar Pradesh State Road Transport Corporation. The appellant was thereafter appointed on 18 July 1972 on the post of Office Assistant Grade-II (Hindi Typist). On 19 June 1981, UPSRTC Employees (Other Than Officers) Service Regulations, 1981 were brought into force. Regulation 39 governs matters relating to pension. On 25 July 1985, the appellant was promoted as Office Assistant Grade-I and on 2 December 1999, as Head Clerk. On 7 January 2003, the appellant was promoted as Office Superintendent, which was a pensionable post.

3. On 20 October 2004, a Government Order was issued under which the benefit of pension was allowed to all UPSRTC employees who had been appointed between 1 June 1972 and 18 June 1981 on pensionable posts of the erstwhile Uttar Pradesh Government Roadways. By a further circular dated 26 December 2005, a scheme was formulated for allowing pensionary benefits to employees retiring before 20 October 2004. The scheme provided (i) deposit of benefits received under EPF alongwith interest and payment of pension with effect from 20 October 2004; and (ii) that options would be called for from employees to be governed either by EPF or by regular pension and these options shall be treated as final and binding.

4. The appellant was in service when the circular dated 26 December 2005 came into force. The circular also made provisions in respect of persons who had been appointed on pensionable posts between 1 June 1972 and 18 June 1981 and were members of the EPF scheme but who would retire after 20 October 2004. The circular contemplated that such employees, who refunded the EPF benefits together with compound interest, would be allowed pension. However, those employees who had already retired on 26 December 2005 and were getting EPF pension were to be excluded from the benefit of the circular. Moreover, it was stated that the option which has been submitted by the employee would be regarded as final and binding.

5. Now, insofar as the appellant is concerned, on 30 August 2005, he opted for regular pension and submitted his papers to the Regional Office at Etawah. On 12 June 2007, nearly two years thereafter, the Regional Office forwarded the pension papers of twelve employees to the headquarters at Lucknow in which the name of the appellant was mentioned at serial No. 4. On 23 June 2007, the papers were returned to the Regional Office by the headquarters for supplying certain additional details. On 19 September 2008, a circular was issued by the Managing Director of UPSRTC in terms of the Government Order dated 20 October 2004 and the circular dated 26 December 2005, calling for options from the retired employees, for one last time. At this stage, on 29 June 2009, the appellant opted for EPF. The appellant retired from service immediately thereafter on 30 June 2009 and was granted his EPF contribution.

6. On 22 February 2010, the Regional Office re-submitted the pension papers of nine other persons to the headquarters (as directed on 23 June 2007) but left the appellant and another employee who had retired in 2008, out of the list. On 23 December 2011 and subsequently, the appellant represented to UPSRTC for the purpose of claiming pension. Eventuall