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2025 Supreme(SC) 511

DIPANKAR DATTA, MANMOHAN
Bank of India – Appellant
Versus
Muthyala Saibaba Suryanarayana Murthy – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Som Raj Choudhury, AOR Ms. Shrutee Aradhana, Adv. Mr. Siddhant Goel, Adv. Mr. Prashant Kumar, Adv.
For the Respondent(s): Mr. V. Shanth Kumar Mahale, Sr. Adv. Mr. V. Sridhar Reddy, Adv. Mr. Abhijit Sengupta, AOR

JUDGMENT :

DIPANKAR DATTA, J.

1. Leave granted.

2. The appellants call in question the judgment and order dated 7th March, 2024 passed by a Division Bench of the High Court for the State of Telangana1 [High Court] allowing a writ appeal2 [Writ Appeal No. 188 of 2024] carried by the first respondent from the judgment and order dated 22nd November, 2023 of dismissal of his writ petition3 [Writ Petition No. 29659 of 2011] by a Single Judge of the same court.

3. The solitary question arising for decision on this appeal is whether the Division Bench was justified in its interference with the order of dismissal of the writ petition.

4. After serving the first appellant4 [BoI] for about 25 years, the first respondent opted for voluntary retirement and was relieved from the service of BoI on 30th December, 2000.

5. On 24th August, 2010, BoI published Circular No. 104/645 [said circular] inviting options from retired employees between 1st September, 2010 and 30th October, 2010 to join the Bank of India (Employees’) Pension Scheme, 1995. The said circular recorded that the option to join the pension scheme was being extended in terms of an agreement/joint note dated 27th April, 2010 signed between

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