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2021 Supreme(HP) 187

CHANDER BHUSAN BAROWALIA
Roshan Deen – Appellant
Versus
Bank of Baroda – Respondent


Advocate Appeared:
For the Appellant :Mr. Dilip Sharma, Sr. Advocate with Mr.Manish Sharma and Mr. Deepak Sharma, Advocates.
For the Respondent:Mr. Deepak Bhasin, Advocate with Mr. Sambhav Bhasin, Advocate.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present writ petition under Article 226 of the Constitution of India is maintained by the petitioner against the respondents praying therein for the following substantive reliefs :

    (i) “That rejection of the option of the petitioner vide letters dated 8.11.2010, Annexure P9, 7.1.2011, Annexure P10, 8.2.2013, Annexure P14 and 28.2.2013, Annexure P15 may kindly be set aside;

(ii) That if it is found that there is anything in the Joint Note dated 27.4.2010, Annexure P6 and clarification dated 9.11.2012, Annexure P11 excluding the category of prematurely retired officer on total incapacity for the purpose of exercising option for Pension Scheme, in that event such exclusion may also be quashed and set aside being in violation of Articles 14 and 16 of the Constitution of India, with all consequential benefits;

(iii) That the respondent Bank may be directed to accept the option of the petitioner, Annexure P8 submitted pursuant to Joint Note dated 27.4.2010, Annexure P6 circulated vide circular dated 9.9.2010, Annexure P7 and another option submitted by him vide Annexure P13, pursuant to clarification dated 9.11.2012, Annexure P11 and consequently he

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