JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. This intra-court appeal arises out of an order passed by the learned Single Judge, dated 22nd March, 2023, in Writ (A) No. 53237 of 2014 whereby the writ petition has been allowed and the respondent-petitioner is held entitled to retiral benefits in light of Clause 6(b) of Memorandum of Settlement, dated 10.4.2002 (hereinafter referred to as ‘Settlement, 2002’) notwithstanding a contrary circular issued by the Bank. Reliance is placed upon the judgment of the Supreme Court in Bank of Baroda vs. S.K. Kool (Dead) through Legal Representatives and Another, (2014) 2 SCC 715, to allow the claim of respondent-petitioner.

2. Facts admitted on record are that the respondent-petitioner was employed as Cashier-cum-Clerk in the appellant Bank of India. He was proceeded with departmentally on various charges and ultimately an order of punishment came to be passed against him on 19.9.2002, directing his removal from the service in terms of Clause 6(b) of the Settlement, 2002. This order of punishment was unsuccessfully challenged by the respondent and ultimately his Special Leave to Appeal (Civil) No. 30627 of 2010 got dismissed on 15.11.2010.

3. Pensionary be