1. This writ petition has been filed by the petitioner praying for quashing of the order dated 18.12.2010 passed by the Assistant General Manager (PF), Punjab and Sind Bank, New Delhi and also praying for a writ in the nature of mandamus commanding the respondents to grant pensionary benefits to the petitioner in lieu of provident fund.

2. The petitioner was a clerk in Punjab and Sind Bank, in Branch Office, Railway Road, Ghaziabad and submitted an application of resignation on 24.8.2009, which was accepted by the Bank on 23.9.2009.

3. It is the case of the petitioner that since a memorandum of settlement between the Union of the Bank Employees and Managements of different banks was in the process of being finalised for introducing the Second Pension Option and persons like the petitioner, who was a Provident Fund optee, would in terms of the said settlement, if finalised be granted second option to apply for pension in lieu of Provident Fund, the petitioner was advised by the Bank to move a conditional application for voluntary retirement, but in the form of resignation as applications for voluntary retirement were no longer being accepted.

4. The application dated 24.8