1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6203 OF 2003 S.Sudarsanam. ...Petitioner. vs. 1.The Union of India & others. ...Respondents. --- Mr.S.P.Saxena, for Petitioner. Mr.Sureshkumar, for Respondent no.1. Mr.S.M.Railkar, for Respondent nos.2 and 3. --- CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. 2 DATED: 24th March,2008. P.C.:- 1. Admitted facts are that the petitioner had joined the services of respondent no.2 in the year 1981. At that time no pension scheme was applicable to the employees of respondent no.2, it was made applicable in the year 1989. At that time the employees were required to give option whether they wanted to continue under the C.P.F. Scheme or they want to opt for the pension scheme. Admittedly, the petitioner did not opt for the pension scheme and he continued to be in C.P.F. Scheme. It appears that thereafter the petitioner had second thought and therefore, in the year 2000 he made an application that he should be given option to switch over from the C.P.F.scheme to pension scheme. While that application was pending before the Board of Directors, he submitted resignation and ceased to be in the employment of respondent no.2 from 1.4.2001. It appears that thereafter on 13.8.2001 the Board of Directors accepted the request made on behalf of the petitioner and other eleven similarly circumstanced 3 employees, of permitting them to give up their membership of C.P.F.scheme and to opt for pension scheme. But by that date, the petitioner had ceased to be in the employment of respondent no.2 and had also withdrawn all the benefits to which he was entitled to as a member of C.P.F.Scheme. After the decision of the Board of Directors dated 13.8.2001, the petitioner applied for being given pension. But that request was not accepted and therefore, this petition has been filed. 2. We have heard the learned Counsel appearing for both the sides. It is clear from the material on record that the option that was to be given to the employees who are the members of C.P.F. Scheme was to surrender their membership for C.P.F. Scheme and to opt for pension scheme. For being entitled to exercise this option, two conditions are necessary to be complied with viz. (i) on the date on which the option was to be exercised the person must be in the employment, and (ii) on the date on which the option was to be exercised the person must be member of C.P.F.scheme which he has to surrender. So far as 4 the case of the petitioner is concerned, both the conditions are not fulfilled as by 13.8.2001 he was not in the employment and he had also taken the benefits of C.P.F. Scheme. In our opinion, the date on which the petitioner accepted all the benefits under the C.P.F. Scheme, his application to the Board of Directors requesting to give him option to opt for the pension scheme became infructuous. Therefore, we do not find any substance in the petition. The petition is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (V.M.KANADE, J.) ---