Biraja Prasanna Satapathy, J. Affidavit filed in Court be kept in record. Copy of the same is also served on learned counsel appearing for the University in Court.

2. Heard Mr. S.K. Mishra, learned Sr. Counsel appearing for the Petitioner along with Mr. B. Pattnaik, Mr. S. Jena, learned Addl. Govt.

// 2 // Advocate appearing for the State and Mr. S.C. Rath, learned counsel appearing for Opp. Party Nos. 1 & 2.

3. Petitioner has filed the present writ petition inter alia with the following prayer:-

“It is, therefore, prayed that this Hon'ble Court may be graciously pleased to issue a rule Nisi calling upon the opp.

parties to show cause as to why :-

(I) The opp. parties shall not be directed to issue appropriate order/orders declaring the petitioner as a member of pension scheme as he has exercised option for that purpose.

(II) Any other order/order(s) shall not be passed in favour of the petitioner if found entitled;

If the opp. parties fails to show cause or show insufficient cause the said Rule be made absolute;

And for this act of kindness, the petitioner shall as in duty bound ever pray.”

4. It is the case of the Petitioner that pursuant to the notification issued by the University on 26.06.1989 under Annexure-2, Petitioner made his option to be covered under the pension scheme. In the notification issued on 26.06.1989 under Annexure-2, the following stipulation was indicated:-

“The option as stated above shall be exercisable once only in respect of either scheme which shall be final irrespect of any change that may be made in any such scheme from time to ting.

The fact of exercising such option shall be recorded in the service book of the employee by the officers competent to sanction leave and a certificate to the effect that the fact of exercising option under CPF/Pension Scheme has been recorded in the Service Board of the concerned persons working under their control be finalized to the University.

If any employees fails to exercise the option within the prescribed time limit /she shall be deemed to have opted for the pension scheme.

// 3 // The employees who have already exercised their option in response to this University Notification No.23449/UAT Dt.11.8.87 and want to elect the same scheme to which they have previously opted, need not exercise any fresh option. In case any employee who has already exercised his option in favour of CPF/Pension Scheme but wants to change his option can do so by exercising a fresh option in the form appended herewith within the stipulated period 1.0 by 28.10.89.”

4.1. Learned Sr. Counsel appearing for the Petitioner contended that taking into account the application so submitted by the Petitioner in terms of the notification issued under Annexure-2, vide office order dtd.21.10.1989 so issued under Annexure-3, Petitioner’s name was included and he was covered under the pension scheme. In the said order, name of the Petitioner finds place at Sl. No. 65.

4.2. Learned Sr. Counsel appearing for the Petitioner contended that though as per the notification issued under Annexure-2, the option exercised by the Petitioner can be exercised only once, but Petitioner when approached the authority to change his option from Pension Scheme to CPF Scheme, which was not permissible in terms of the notification as well as the statute governing the field, but the same was allowed by the University vide office order dtd.05.12.1989 vide Annexure-B to the counter affidavit. It is contended that since as per the statute and as per the notification issued under Annexure-2, option so exercised once cannot be changed, prayer of the Petitioner to come over to the CPF Scheme after being allowed to be covered under Pension Scheme vide order dtd.21.10.1989 under Annexure-3, could not have been allowed by the University with issuance of order dt.05.12.1989 under Annexure-B.

4.3. Be that as it may, after issuance of order dtd.05.12.1989 under Annex