UNION OF INDIA vs M.M. SARKAR

The Supreme Court held that the respondent, who retired from the Railway service in 1976, could not switch to the pension scheme after more than 22 years post-retirement, despite his willingness to refund Provident Fund dues. The Court emphasized that the respondent had multiple opportunities to opt for the pension scheme between 1957 and 1974 but consciously chose not to do so. The Court upheld the Railway Board's decision to reject the belated request, affirming that the option to switch was not available after such a significant delay, thus reinforcing the principle of finality in administrative decisions regarding pension entitlements.