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2002 Supreme(All) 1747

RAKESH TIWARI, M.KATJU
TRIBHUWAN NATH SRIVASTAVA – Appellant
Versus
CHAIRMAN AND MANAGING DIRECTOR, INDIAN OVERSEAS BANK – Respondent


M. KATJU, J.

( 1 ) HEARD learned counsel for the parties.

( 2 ) THE petitioner has prayed for a writ of certiorari to quash the impugned order dated 21. 2. 2001, annexure-3 to the petition and for a mandamus directing the respondents to accept the petitioners application for the Voluntary Retirement Scheme, 2000.

( 3 ) THE petitioner is presently working as Chief Manager (Scale IV) in the Indian Overseas Bank, civil Lines Branch, Allahabad. He was born on 1. 7. 1949 and hence has completed 53 years of age. It is alleged in paragraph 4 of the writ petition that his work has been appreciated by his superiors.

( 4 ) IN paragraph 23 of the writ petition, it has been stated that petitioner does not suffer from any disqualification as mentioned in paragraph 4. 2 of Voluntary Retirement Scheme, 2000. Hence, it is obvious that petitioner was eligible for being given voluntary retirement.

( 5 ) SRI A. B. Saran, learned senior counsel for the respondents, however, submitted that all eligible persons are not entitled to get the benefit of the Voluntary Retirement Scheme. This submission is no doubt correct. In paragraph 13 of the main counter-affidavit, it has been stated that the competent a








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