( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against the judgment of the Division Bench of the High Court disposing of the writ petition filed by the respondent employee in terms of an earlier decision of the High Court in the case of mohinder Pal Singh v. Punjab and Sind Bank, and further directing that the. writ petitioner would be entitled to the same relief as was granted in mohinder Pal Singh case. The question in issue is about the validity of the voluntary Retirement Scheme. The said question stands concluded by a three-Judge Bench decision of this Court in Bank of India v. O. P. Swarnakar.

( 3 ) THE respondent was an employee of State Bank of Patiala. The voluntary Retirement Scheme was floated by the said Bank by Circular No. Per/vrs/48 dated 20-1-2001. The employee could file application for seeking voluntary retirement under the said Scheme between 15-2-2001 and 1-3-2001. The respondent filed such an application on 24-2-2001/26-2-2001. The Scheme was closed on 1-3-2001. The respondent, however, filed an application dated 19-3-2001 withdrawing his application dated 24-2-2001/26-2-2001. Clause 8 of the Scheme reads as under:

"8. Other features. The Bank intends to con