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2022 Supreme(SC) 1757

UDAY UMESH LALIT, ANIRUDDHA BOSE, SUDHANSHU DHULIA
Kangra Central Cooperative Bank Pensioners Welfare Association – Appellant
Versus
State of Himachal Pradesh – Respondent


ORDER :

CIVIL APPEAL NO. 5251 OF 2022, SLP (CIVIL) NO. 1246 OF 2015

1. Leave granted.

2. This appeal challenges the judgment and order dated 03.09.2014 passed by the High Court of Himachal Pradesh at Shimla in LPA No. 316 of 2012.

3. While dealing with the claim preferred by the Kangra Central Co-operative Bank Pensioners Welfare Association (“the Association” for short) challenging the Orders dated 21.04.2010 and 24.04.2010 stopping grant of pension to the Members of the Association, the Single Judge of the High Court by his judgment dated 15.05.2012 in CWP No. 1679 of 2010 directed as under:

    “26. In the instant case, the withdrawing of the scheme by the BOD when it was approved by the General House, which is a final authority, is contrary to the provisions of the Policy and the second respondent has acted beyond his powers delegated under the Act.

    27. The change of the policy and withdrawal has to be made in the same process in which it has been made, which lacks in the present case.

    28. Thus, for the aforesaid reasons, the impugned orders Annexure R-3/7 and R-3/8 discontinuing of policy are hereby quashed and set-aside. Thus, there shall be a direction to respondent No. 2 to place the

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