CORPORATION BANK vs RADHEY SHYAM & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI LPA 816/2013, CM APPL. 17317/2013, 17319/2013, 47074/2024, 7131/2025, 7218/2025 CORPORATION BANK .....Appellant Through: Mr. Rajat Arora, Mr. Niraj Kumar and Mr. Sourabh Mahela, Advs. versus RADHEY SHYAM & ANR .....Respondents Through: Mr. A.P. Verma, Adv. for R-1 Ms. Manisha Agrawal Narain, CGSC for UOI CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 04.02.2026 C. HARI SHANKAR, J. 1. On 18 August 2009, an advertisement was issued by the Corporation Bank1 for recruitment against 575 clerical vacancies. The respondent applied against the said advertisement. An appointment letter was issued to him on 23 March 2010, whereby he was appointed as a probationary clerk in the Bank with effect from 5 April 2010. 2. The appointment letter specifically stated, in Clause 5(c) thereof thus: “5(c) You will be governed by the “Defined Contributory Retirement Benefit Scheme”2 introduced at the industry level, 1 “the Bank” hereinafter 2 “the CPF Scheme” hereinafter 3. Mr. Rajat Arora, learned Counsel for the Bank, points out that, prior to the aforenoted appointment of the respondent, a Memorandum of Understa