JUDGMENT

Kapadia, J.-The question that arises for consideration in this case is - whether respondent who earlier opted for voluntary retirement scheme could be permitted to withdraw therefrom after having received the payments under the scheme?

2. The facts giving rise to the dispute lie within narrow compass. Appellant is a nationalised bank. On 28.10.2000, in order to down size the strength of its staff, the appellant floated the voluntary retirement scheme (hereinafter referred to for the sake of brevity as "VRS"). The scheme was to commence with effect from 1.12.2000 and it was to remain in operation up to 31.12.2000. On 6.12.2000, respondent No.1, Ranveer Singh Bawa, opted for VRS. On 22.12.2000, respondent No.1 requested that he be allowed to withdraw his option. On 23.12.2000, the scheme stood modified. On 30.12.2000 and 17.1.2001, the said respondent wrote reminders and requested that he be permitted to withdraw his option. However, in view of clause 10.4 of the scheme, the appellant did not permit him to opt out from the VRS. Consequently, w.e.f. 29.1.2001, respondent No.1 was relieved from service. Aggrieved, he filed the writ petition in the High Court on 26.3.2001 inter a