IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.12.2006 C O R A M : THE HONOURABLE MR.A.P.SHAH, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.13233 of 2001 & W.P.Nos. 12745, 13989, 13990, 13994, 15130,15179,15181, 15183, 15330, 16724,17670, 18174, 19913 to 19916, 20710, /2001 & W.P.Nos. 908, 10261, 11035, 11036, 12610, 23820, 24096, 24316, 41508, 41509, 44982, 46194, 46710/2002 & W.P.Nos.33, 2222, 11677, 11910, 21131, 22346, 22682, 23581, 24201, 27080/2003 & W.P.Nos.1324, 7196 to 7198/04, 22879/2003 and W.A.No.312/2003. & M.P.Nos. 26110/2001, 30565/2001, 32782/2002, 2805/2003, 8503 to 8506/2004 and 8164/2005. S.Ganesan ..Petitioner in W.P.13233/01 1. National Association of Indian Bank Officer, general Secretary (Regn.No.CPT 878) Chrompet, Chennai-44. 2. T.A. Asokan ... Petitioners 1 and 2 in W.P.12745/01 T.A. Asokan ... Petitioner in W.P.13989 of 2001 A.A. Padmanabhan ... Petitioner in W.P.13990 of 2001 K.R. Sundararaman ... Petitioner in W.P.13994 of 2001 A. Ravindranathan ... Petitioner in W.P.15130 of 2001 R. Gurumurthy ... Petitioner in W.P.15179 of 2001 R.V. Kailasanathan ... Petitioner in W.P.15181 of 2001 N. Gandhi ... Petitioner in W.P.15183 of 2001 M.R. Dhanmarajan ... Petitioner in W.P.15330 of 2001 S. Jayakumar ... Petitioner in W.P.16724 of 2001 S. Lakshminarasimhan ... Petitioner in W.P.17670 of 2001 M. Boominathan ... Petitioner in W.P.18174 of 2001 R. Sivakumar ... Petitioner in W.P.19913 of 2001 R. Venkatakrishnan ... Petitioner in W.P.19914 of 2001 https://hcservices.ecourts.gov.in/hcservices/ K. Paneerselvam ... Petitioner in W.P.19915 of 2001 N. Balaram ... Petitioner in W.P.19916 of 2001 C. Venkat Rao ... Petitioner in W.P.20710 of 2001 K. Mohanrangan ... Petitioner in W.P.908 of 2002 M.K. Rangarajan ... Petitioner in W.P.10261 of 2002 A.D. Gopal ... Petitioner in W.P.11035 of 2002 G. Kumar ... Petitioner in W.P.11036 of 2002 T.R. Krishnan ... Petitioner in W.P.12610 of 2002 D. Arthur Mohan Rajan ... Petitioner in W.P.23820 of 2002 Mrs. Brinda Narayanan ... Petitioner in W.P.24096 of 2002 K. Balan ... Petitioner in W.P.24316 of 2003 K. Aranganathan ... Petitioner in W.P.41508 of 2002 Cherukumudi Siva ... Petitioner in W.P.41509 of 2002 Srivatsava C.S. Raghavan ... Petitioner in W.P.44982 of 2002 M. subramanian ... Petitioner in W.P.46194 of 2002 N. Paramasivam ... Petitioner in W.P.46710 of 2002 R. Lakshminarayanan ... Petitioner in W.P.33 of 2003 P.N. Palani ... Petitioner in W.P.2222 of 2003 Raja Sekhar ... Petitioner in W.P.11677 of 2003 T. Venkateswaralu ... Petitioner in W.P.11910 of 2003 Madapalli Rangaraju ... Petitioner in W.P.21131 of 2003 V. Ramakrishnan ... Petitioner in W.P.22346 of 2003 R. Jegannanthan ... Petitioner in W.P.22682 of 2003 K.N. Kannan ... Petitioner in W.P.23581 of 2003 1. P.N. Palani 2. R. Lakshmi narayanan 3. R. Jegannathan ... Petitioners 1 to 3 in W.P.24201 of 2003 S. Vijaya Subramanian ... Petitioner in W.P.27080 of 2003 Vallathol Bharadwajan ... Petitioner in W.P.1324 of 2004 T.R. Radhakrishnan ... Petitioner in W.P.7196 of 2004 S. Krishna Iyer ... Petitioner in W.P.7197 of 2004 T.V. Santhanam ... Petitioner in W.P.7198 of 2004 C. Suryanarayanan ... Petitioner in W.P.22879 of 2003 1. Indian Bank rep by its Chairperson and Managing Director, 31, Rajaji Salai, Chennai-1 2. The Assistant General Manager Indian Bank Head Office Personnel Department 31, Rajaji Salai, Chennai-1 ... Appellants in W.A.312/03 Respondents 1 and 4 in W.P.31886/02 Vs. https://hcservices.ecourts.gov.in/hcservices/ 1. Indian Bank represented by its Chairman and Managing Director Head Office, 31, Rajaji Salai, Chennai-1. 2. Union of India, Rep. by its Secretary to Government, Ministry of Finance (Banking Division) North Block, New Delhi – 110 001. 3. The Chairman, Indian Bank's Association Stadium House, 6th Floor,Block 3, Veer Nariman Road, Mumbai-400 020. 4. The Assistant General Manager Indian Bank, Head Office-Personnel Department 31, Rajaji Salai, Chennai-1. ..Respondents in all Writ Petitions except Wps. 12745/01, 16724/01, 908/02, 23581, 24201 and 27080/03 1.Indian Bank represented by its Chairman and Managing Director Head Office, 31, Rajaji Salai, Chennai-1. 2. Union of India, Rep. by its Secretary to Government, Ministry of Finance (Banking Division) North Block, New Delhi – 110 001. 3. The Chairman, Indian Bank's Association Stadium House, 6th Floor,Block 3, Veer Nariman Road, Mumbai-400 020. ... Respondents in W.P.12745/01 1. Indian Bank represented by its Chairperson, 31, Rajaji Salai, Chennai-1. 2. The General Manager (personnel & Human Resources) Indian Bank, rajaji Salai, Chennai-1. 3. The Assistant General Manager, Indian Bank, Circle Office 2-B, Habibullah Estate, 11 M.G. Road, Hazratganj, Lucknow- 226 001. (U.P) ... Respondents in W.P.16724/01 1. Union of India, Rep. by its Secretary to Government, Ministry of Finance (Banking Division) North Block, New Delhi – 110 001. https://hcservices.ecourts.gov.in/hcservices/ 2. The Chairman, Indian Bank's Association Stadium House, 6th Floor,Block 3, Veer Nariman Road, Mumbai-400 020. 3. The Indian Bank, rep by its Chairperson and Managing Director, Head office 31, rajaji Salai, Chennai-1. 4. The General Manager (PHR) Indian Bank, 31, Rajaji Salai, Chennai- 600 001. 5. The Assistant General Manager, (Valuntary Retirement Scheme Cell) Personnel Department, Indian Bank, 31, Rajaji slai, Chennai-1. ... Respondents n W.P.908/2002 1. Indian Bank rep by its Assistant General Manager, Head Office, 31, Rajaji Salai, Chennai-1 2. Union of India, rep by Secretary to Government Ministry of Finance (Banking Division) North Block, New Delhi. 110 001. 3. Indian Bank, Circle Office, IV Floor, Liberty Plaza, Basheer Baugh, Himayat Nagar, Hyderabad- 500 029. ... Respondents in W.P.23581/02 1. Indian Bank, rep by its Chairman and Managing Director, 66 Rajaji Salai, Chennai-1 2. The Chairman, Indian Banks Association Stadium House, 6th Floor, Block-3, Veer Nariman Road, Mumbai- 400 020. 3. General Manager, Personnel and Human Resources Indian Bank, 66 Rajaji Salai, Chennai-1. ... Respondents in W.P.24201/03 https://hcservices.ecourts.gov.in/hcservices/ 1. The Indian Bank rep by its Chairperson and Managing Director, Head Office, 31, Rajaji Salai, Chennai-1 2. The Assistant General Manager (PHR) Indian Bank, No.31, Rajaji Salai, Chennai-1. 3. Union of India rep by Secretary to Government, Ministry of Finance, (Banking Division) North Block, New Delhi- 110 001. ... Respondent in W.P.27080/03 R. Sundharam ... ISt Respondent in W.A.312/03/ Petitioner in W.P.31886/02 2. Union of India, rep by its Secretary to Government Ministry of Finance (Banking Division) North Block, New Delhi. ... 2nd Respondent in W.A.312/03/ 2nd Respondent in W.P.31886/02 3. The Chairman Indian Bank's Association Stadium House, Mumbai. ... 3rd Respondent in W.A.312/03/ 2nd Respondent in W.P.31886/02 Writ Petitions filed under Art 226 of the Constitution of India to issue a writ of certiorarified Mandamus calling for the records of the orders of the fourth respondents in Ref.VRS.2000/11080, dated 7.7.2001, 11797 dated 11.7.2001 11106 dated 6.7.2001, 10412, dated 6.7.2001, 10188 dated 11.7.2001, 11672, dated 11.7.2007 10836 dated 11.7.2001, 12100 dated 6.7.2001, 10365 dated 11.7.2001 10493 dated 7.5.2001, 13162 dated 6.7.2001, 10982 dated 11.7.2001, 11108 dated 6.7.2001, 10199 dated 11.7.2001, 10980 dated 6.7.2001, 11300 dated 11.7.2001, 13979 dated 6.7.2001, 12249 dated 6.7.2001, 10980 dated 7.7.2001, 12363 dated 11.7.2001 respectively quash the same and direct the first respondent to accept the Voluntary Retirement application of the petitioner made under the Indian Bank Employees Voluntary Retirement Scheme 2000 within a period to be stipulated by https://hcservices.ecourts.gov.in/hcservices/ this Court and disburse the benefits under the said Scheme along with the interest at 15% with effect from 26.3.2001 respectively in W.P.No.13233, 13989, 13990, 13994, 15130, 15181, 15183, 15330, 17670, 18174 of 2001, 10261, 11035, 11036, 12610, 24316, 44982, 46710 of 2002 11677, 11910 of 2003 1324 of 2004, 22879 of 2003 respectively. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of certiorarified Mandamus calling for the records on the file of the Fourth respondent pertaining to his order bearing No.in ref.VRS 2000/ 11797 dated 11.7.2001, 10047 dated 5.3.2001, 10399 dated 5.3.2001, 10667dated 5.3.2001, 12782 dated 7.7.2001, 10403 dated 7.7.2001, 11077 dated 7.7.2001 respectively quash the same and consequently direct the first respondent to accept the application for voluntary retirement submitted by the petitioner under India Bank Employees voluntary Retirement Scheme- 2000 with all the benefits due and payable under the said Scheme along with the interest at the rate of 18% within a period stipulated by this Court with effect from 26.3.2001 respectively in W.P.23820 of 2002, 33,2222, 22682 of 2003, 7196, 7197, 7198 of 2004 respectively. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of certiorarified Mandamus calling for the records relating to the order Ref.No.VRS2000/10750 dated 11.7.2001, 10751 dated 11.7.2001, 11094 dated 11.7.2001, 11099 dated 11.7.2001, 10186 dated 11.7.2001, 10057 dated 7.7.2001, 10398 dated 7.7.2001, 10397 dated 6.7.2001 respectively passed by the fourth respondent and quash the same as being illegal arbitrary and unconstitutional and consequently issue a direction to the respondents bank to accept the petitioners application under the Indian Bank Employees Voluntary Retirement Scheme 2000 and thereby grant him all the benefits under the aforesaid scheme and with 12% interest from the date it became due respectively in W.Ps.19913, 19914, 19915, 19916, 20710 of 2001, 41508, 41509, 46194 of 2002 respectively. Writ Petition filed under Art 226 of the Constitution of India for the Issuance of a writ of Mandamus directing the first respondent to accept the Voluntary Retirement Applications made under the Indian Bank, Employees Voluntary Retirement Scheme 2000 in respect of the 416 applications which have not yet between processed and disposed within a period to be stipulated by this Court and disburse the benefits under the said scheme along with the interest at 10% with effect from 26.3.2001 in W.P.12745 of 2001. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of certiorarified Mandamus calling for the records of the orders of the fourth respondent to asertain the reasons for not sanctioning IBEVRS 2000 to the Petitioner and quash the same and to direct the first respondent to accept the Voluntary Retirement Application of the Petitioner made under the IBEVRS-2000 and to disburse the ex-gratia benefits under the said scheme along with the interest @ 15% with effect from 26.3.2001 within a period stipulated by this Court in W.P.15179 of 2001. https://hcservices.ecourts.gov.in/hcservices/ Writ Petition filed under Article 226 of the Constitution of India for the issuance of writ of certiorarified Mandamus call for the records relating to the order of rejection passed by the second respondent dated 6.7.2001 bearing Ref.VRS.2000/13369 quash the same and consequently direct the respondents to allow the petitioner to go on Voluntary Retirement Scheme 2000 in W.P.16724 of 2001. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of Certiorarified Mandamus calling for the entire records of the fourth and fifth respondents under reference VRS/2000 12736 including the order dated 2.3.2001 made by the fifth respondent and the communication dated 29.11.2001 issued by the fifth respondent, communicating the decision of the fourth respondent rejecting the request of the petitioner for voluntary retirement and quash the same and further direct the respondents to accept the voluntary retirement application of the petitioner made under the Indian Bank Employees Voluntary Retirement scheme 2000 and to disburse the benefits under the said scheme along with interest within a period stipulated by this Court in W.P.908 of 2002. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of Certiorarified Mandamus calling for the records and order of the fourth respondent in Ref.No.VRS2000/12299 dated 6.7.2001 quash the same and direct the first respondent to accept the Voluntary Retirement Application of the Petitioner made under the Indian Bank Employees Voluntary Retirement Scheme 2000 within a period to be stipulated by this Court and disburse the benefits under the said scheme along with the interest @ 15% with effect from 26.3.2001 also refund with similar interest the amount of Rs.52,344.93 recovered from the petitioner towards notice period in W.P.24096 of 2002. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of certiorarified Mandamus calling for the records of the order of the first respondent in Ref.VRS.2000/10183 dated 11.7.2001 quash the same and consequently direct the first respondent to accept the voluntary Retirement Application of the Petitioner made under the Indian BAnk, (Employees) Voluntary Retirement Scheme 2000 and to disburse the benefits under the said Scheme along with the interest @ 15% from the date of application till realisation, within a period stipulated by this Court in W.P.23581 of 2003. Writ Petition under Art 226 of the Constitution of India for the issuance of a writ of certiorarified Mandamus calling for the records of the files of the third respondent pertaining to its circular bearing No.PRNL/46/2000-01 dated 9.11.2000 containing the Indian Bank Employees Voluntary Retirement Scheme 2000 in so far as clause 2 of the eligibility clause contained in the impugned circular which excludes the employees and officers like the petitioner who have executed service bonds from availing the scheme is concerned and quash the same and consequently direct the respondents to accept the application her voluntary retirement submitted by the petitioner under the aforsaid scheme and relieve https://hcservices.ecourts.gov.in/hcservices/ him under the Indian Bank Employees Voluntary retirement scheme 2000 with all the monetary and other benefits due and payable under the said scheme along with interest at the rate of 18% per annum from the due date till the date of payment in W.P.24201 of 2003. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of certiorarified Mandamus calling for the records of the orders of the second respondent in Ref.No.VRS2000/-10761 dated 7.5.2001 and quash the same and consequently direct the first respondent to accept the voluntary Retirement Application of the Petitioner made under the Indian BAnk (Employees) Voluntary Retirement Scheme 2000 and to disburse the benefits under the said Scheme along with the interest @ 15% from the date of application till realisation within a period stipulated by this Court in w.P.27080 of 2003. Writ Petition filed under Art 226 of the Constitution of India for the issuance of a writ of certiorarified Mandamus calling for the records of the orders of fourth respondent in Ref.No.VRS2000/11944 dated 11.7.2001 and 10189 dated 7.5.2001 respectively quash the same and direct the first respondent to accept the Voluntary retirement Application of the Petitioner made under the Indian Bank Employees Voluntary Retirement Scheme 2000 within a period to be stipulated by this Court and disburse the benefits under the said Scheme along with the interest @ 15% with effect from 11.7.2001 and 7.5.2001 respectively in W.P.21131 and 22346 of 2003. Writ Appeal filed under Clause 15 of Letters Patent against the order dated 2.8.2002 passed by the Honourable Mr. Justice V. Kanagaraj in W.P.31886 of 2002 pleased to issue writ of certiorarified Mandamus calling for the records relating to order No.VRS 2000/11072 dated 6.7.2001 passed by the fourth respondent and quash the same as being illegal , arbitrary and unconstitutional and consequently issue a direction to the respondent bank to accept the petitioners application under the Indian Bank employee Voluntary retirement scheme 2000 and thereby grant him all the benefits under the aforesaid scheme and with 12% interest from the date it became due. For 1st Respondent/Bank ... Mr.A.L.Somayaji, senior counsel For M/s Aiyar and Dolia For 2nd respondent/ .... Mr. P.Wilson, Asst. Solicitor General Union of India For Petitioners … Mr.N.G.R.Prasad, Mr.Vijay Narayan, Senior Counsel Mr.K.M.Vijayan, Senior Counsel Mr.V.G.SureshKumar, Mr.L.N.Praghasam, Mr.R.Kannan, Mr.M.Rangarajulu, https://hcservices.ecourts.gov.in/hcservices/ Mr.Shivakumar Kennedy Mr. A.Thirumoorthy, COMMON JUDGMENT (JUDGMENT OF THE COURT WAS DELIVERED BY THE HONOURABLE THE CHIEF JUSTICE) These writ petitions and the writ appeal involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment. 2. The petitioners are officers of the first respondent – Indian Bank. The Indian Bank is one of the nationalized banks under the provisions of Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The banks were said to be overstaffed. For the purpose of effective management, man power planning was contemplated by the Ministry of Finance, Government of India, pursuance whereto and in furtherance whereof, the Government considered the desirability of introducing voluntary retirement scheme to help the banks to rightsize their force. In a letter dated 22.05.2000, the Director (IR & BOH), Ministry of Finance advised the public sector banks to carry out detailed manpower planning in order to adopt measures to have optimum human resource at various levels in keeping with the business strategies and requirements of each bank. A Committee was constituted by the Central government to examine the issues confronting the public sector banks in that regard and suggest suitable remedial measures. 3.In the course of deliberations, the Committee noted that the economic reforms set in motion in 1990 have unleashed market forces and competition, which affect all sectors of the economy including the banking sector. The high establishment cost and low productivity in public sector banks which affect their profitability, makes it necessary for the banks to convert their human resource into assets compatible with business strategies through a variety of measures including constant upgradation of skills, achieving a proper age and skill profile, creating opportunities for lateral as well as vertical career progression and inducting fresh, skilled personnel with technical and professional skills for new business opportunities. The Committee further noted that 43% of employees in public sector banks are in the 46+ age group and only 12% are in the 25-35 age group. This pattern has serious implications for the banks with reference to mobility, training, development of skills and succession plans for higher level positions. This, coupled with excess manpower wherever it exists, would come in the way of induction of new skills and proper career progression. 4. In order to remedy this situation with the urgency that circumstances demand, the Committee has placed before the Government two schemes, viz., Sabbatical Leave and a Voluntary Retirement https://hcservices.ecourts.gov.in/hcservices/ Scheme that would assist the banks in their effort to optimize their human resource and achieve a balanced age and skills’ profile in keeping with their business strategies. Accordingly, the Government issued no objection to the banks placing the two schemes before their respective Board of Directors for adopting and implementing the above Schemes. 5. Pursuant there to and in furtherance of the said policy decision, the Indian Bank along with other banks adopted separately but almost identical scheme known as “Employees Voluntary Retirement Scheme”. The Scheme floated by the Indian Bank called the “Indian Bank Employees Voluntary Retirement Scheme”. The said Scheme was applicable in relation to employees who on the date of application had completed 15 years of service or completed 40 years of age. The Scheme was to remain in operation from 27.11.2000 to 26.12.2000. In terms of the said Scheme those who sought for voluntary retirement were entitled to ex-gratia payments as also other benefits as follows:- Amount of Ex-gratia 60 days salary (pay plus stagnation increments plus special allowance plus dearness relief) for each completed year of service or salary for the number of months service is left, whichever is less. While completed years of service will be reckoned for arriving at the minimum eligible service, fraction of service of six months & above will be reckoned as one year for the purpose of calculating the ex-gratia. Other Benefits 1. Gratuity as per Gratuity Act/Service Gratuity as the case may be 2.Pension (including commuted value of pension) as per Indian Bank (Employees’) Pension Regulations 1995/Bank’s contribution towards PF as per rules. 3. Leave encashment as per rules. 6. The Scheme prescribed the eligibility criteria as follows:- https://hcservices.ecourts.gov.in/hcservices/ Eligibili ty (i) All permanent employees/officers with minimum of fifteen years of completed service or forty years of age as on 26.12.2000 are eligible to apply under the Scheme. (ii) Officers/employees who have executed Special Service Bonds and have not completed the requirements of the Bond as regards tenure or otherwise, Specialist Officers / employees who have executed such Service Bonds and not completed such requirements and Officers / employees serving abroad under Special Arrangement / Bonds are not eligible to avail of the Scheme. (iii)Specialist Officers / Workmen and highly skilled & qualified employees who have been sent abroad / given the specialized training in the area of Foreign Exchange, Investment and Information Technology, etc., are also not eligible to avail of the Scheme. (iv) Employees / Officers against whom DP action has been contemplated / pending or under suspension are not eligible to avail of the Scheme. It was made clear that it will be prerogative of the bank management either to accept a request for voluntary retirement or to reject the same depending upon the requirement of the bank. 7. A proforma containing the format of application for offer to seek voluntary retirement was appended with the Scheme which inter alia reads as follows: “REQUEST FOR VOLUNTARY RETIREMENT With reference to HO/PRNL/Circular No.46/2000-01 dated 09.11.2000, I hereby apply for retirement under the “Indian Bank Employees Voluntary Retirement Scheme 2000”. My age and service particulars are as below: …………………………………………………………………… …………………………………………………………………… …………………………………………………………………… I have carefully gone through the provisions of the Scheme. The option once exercised by me for VRS is final and irrevocable. I also agree that my application is subject to acceptance and shall be rejected, if so desired at the sole discretion of the Bank. …………………………………………………………………………………………………………………………………………………… ………………………………………………………… https://hcservices.ecourts.gov.in/hcservices/ PART.III (I) The information given above are correct. (II) There are no disciplinary proceedings pending or contemplated against the employee/officer. (III) The application of the employee / officer for ‘VRS’ may / may not be accepted.” 8. In response to the Scheme, in all 2542 officers (28.5% of the officers’ strength) have submitted their applications as against the bank’s estimate of 1560 (17.5% of the officers’ strength) under the Restructuring Plan. It was reported to the Board that out of 2542 officers, around 300 offices would become ineligible. The acceptance and relieving of remaining 2242 officers need to be considered taking into account that no recruitment was made during the last 5 years and the sudden exodus of such large number of officers will make it difficult for the bank to cope up with the bank’s business growth as projected in the Restructuring Plan. The Board vide letter dated 02.02.2001 directed the Bank to accept the applications of eligible officers and relieve them in stages before April 2001. The process of scrutiny, however, continued for nearly seven months and out of 2542 applications, 1939 applications were accepted, 482 applications were rejected and 114 applications were withdrawn. The petitioners who have put in 15 years of service and having 40 years of age had also submitted their applications, but their applications were rejected on the ground that they fall under the excluded category. The legality and validity of the action of the Bank in rejecting their applications is challenged by the writ petitioners in these writ petitions under Article 226 of the Constitution of India. 9. We have heard Mr.N.G.R.Prasad, Mr.Vijay Narayan, Mr.K.M.Vijayan, Mr.V.G.Suresh Kumar, Mr.L.N.Praghasam, Mr.R.Kannan, Mr.M.Rangarajulu, Mr.Shivakumar Kennedy and Mr. A.Thirumoorthy, learned counsel appearing for the petitioners, Mr.A.L.Somayaji, learned Senior Counsel appearing for the respondent – Bank and Mr.P.Wilson, Assistant Solicitor General appearing for the Union of India. 10. On behalf of the petitioners, it was vehemently contended that the action of the Bank in rejecting their applications is unfair, arbitrary and violative of Article 14 of the Constitution. A number of officers, who are identically placed, have been favoured with orders accepting the request for voluntary retirement, whereas the petitioners who were otherwise eligible were not considered for voluntary retirement, and their applications were rejected and that too without assigning any reason. This policy of accepting the applications of similarly placed persons is highly discriminatory and is in gross violation of Articles 14 and 16 of the Constitution. The process of scrutiny was deliberately delayed with a view to favour certain officers and there was no transparency in the method of accepting or rejecting the applications. Therefore, it was contended that the rejection of the petitioners’ applications ought to be quashed and the Bank should be directed to accept the https://hcservices.ecourts.gov.in/hcservices/ voluntary retirement applications of the petitioners in accordance with the Scheme. 11. On the other hand, it was contended on