1 S.B. Civil Writ Pet. No. 4732/06 Radhey Shyam Vs. State of raj. & Ors. Date of order : 26.2.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. Ashok Chhangani for the petitioner. Mr. P.K. Lohra for the respondents. Learned counsel for the petitioner submits that though the prayer made in the writ petition are many fold but then his submissions is only in regard to prayer that the petitioner may be given a chance to submit his option for pensionery benefit in view of the exceptional circumstances. It is contended that the petitioner having falsely implicated in a criminal case remained behind the bars till his acquittal in the year 1996 and in the intervening period, his services were terminated by the corporation. It is only in pursuant to the direction in the writ petition that the petitioner was allowed to join his duties in the month of August, 2000. Since the petitioner was out of employment thus, he was not with the corporation when corporation called for options for grant of pensional benefits. Moreso, when the circular was providing a condition that those employees whose services are terminated and subsequently joins the services then options are required to be submitted within the period of 2 30 days. It is submitted that looking to the peculiar circumstances and treating it to be a hard case, necessary directions may be given to the respondents for giving a chance for submission of options for pensionery benefit to the petitioner. Learned counsel for the corporation has seriously opposed the prayer as according to him no direction can be given contrary to the policy decision of the corporation more so when the said decision was providing a clause for submission of options even by the employee like petitioner within 30 days of joining of services. I have considered the rival submissions, I am not inclined to go into the merit of the case at this stage but then looking to the facts and circumstances, I feel it appropriate to remit the case back to the respondents for necessary consideration of the prayer of the petitioner for giving him chance of submission of option in the circumstances explained and that too as an exceptional case. The petitioner is accordingly directed to submit a representation to the respondents who would then decide the matter with sympathetic consideration within the period of two months from the date of submission of representation by the petitioner. 3 The writ petition is disposed of with aforesaid direction. (MUNISHWAR NATH BHANDARI), J. ns.