THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL NO.125 OF 2011 JUDGMENT: {Per the Hon’ble Sri Justice B.Prakash Rao} Heard both the sides. At their request, the Writ Appeal itself is taken up for disposal at the stage of admission. The appellants, respondents in the Writ Petition, filed this Writ Appeal under Clause 15 of the Letters Patent, inter alia, seeking to assail the correctness of the order dated 30.12.2010 passed by the learned Single Judge of this Court in Writ Petition No.15975 of 2001, filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to declare the inaction of the appellants-respondents in including the respondent’s name in the list of eligible persons opted for payment of pension, though he submitted his option within prescribed time, as illegal and arbitrary and consequently, to direct the appellants to take appropriate action for fixing the payment of pension as per the Pension Scheme framed under the Central Bank of India (Employees) Pension Regulations, 1995. Learned Single Judge allowed the said Writ Petition in favour of the respondent herein. Hence, the appeal. There is no dispute to the fact that the respondent has been working with the management as driver since 1972. Later, when option for the pension was sought, he submitted his option for the same. However, the management denied the same by stating that at the late point of time, the option was sought. There is no dispute to the fact that the name of the employee appearing in the list of pension optees under the covering letter dated 25.11.1997. There is also no dispute to the fact of stoppage of contribution by the management to the Employer’s Provident Fund from 1994 onwards. Learned Single Judge has taken into consideration all these aspects and categorically found that in spite of receipt of option from the employee in time and instead of giving effect thereof for the purpose of Employees’ Provident Fund and also in other records including the salary account, the appellants are trying to resolve back from the said situation. Having regard to the said finding of fact arrived at by the learned Single Judge and there being no other material to dispel such exercise of option by the respondent, we do not find any merits in the appeal. Accordingly, the Writ Appeal is dismissed. No costs. _________________ (B.PRAKASH RAO, J) __________________ (P.DURGA PRASAD, J) 6th April 2011 RRB