JUDGMENT - A.P. SHAH, J.:---This petition under Article 226 of the Constitution is filed by a retired Bank employee for the following reliefs :

(i) to declare that the petitioner is entitled to the benefit of pension in accordance with the pension scheme framed by the Bank of India;

(ii) to issue a writ of mandamus to strike down that part of the scheme which denies pensionary benefits to the employees who had retired voluntarily from service during the period 1st August, 1986 to 31st October, 1993, and

(iii) to issue a writ of mandamus directing the respondent to forthwith extend the pensionary benefits to the petitioner.

2.The facts of the case are simple and may be shortly stated. In or about 1946 the petitioner joined the respondent-Bank of India which was then a limited company. He retired from the service on 1st August, 1987. Many developments had taken place in the intervening period. What was till then a private Bank, became a nationalised Bank under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 ("Act" for short). The petitioner had put in 41 years of service with the respondent when he opted for voluntary retirement from the services of the resp

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