PREMILA KIRUBA AUGUSTUS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The Employee as well as the Management of State Bank of India (for short 'the Bank') have filed W.A. Nos.1244 & 1587 of 2011 respectively, challenging the Order, dtd. 7/6/2011, made in W.P. No.728 of 2011.

(2.) The said Writ Petition was filed by the Employee praying for issue of a Writ of declaration declaring that the action of the Respondent/SBI in not sanctioning the pension to her after voluntarily retiring her from service, vide Order, dtd. 31/3/1999, is illegal, contrary to the bipartite settlement entered into between the Bank and the Unions, Rule 22(d) of the State Bank of India Pension Rules, violative of Articles 14, 21 & 300-A of the Constitution of India and, consequently, direct the Bank to sanction and pay pension with effect from 31/3/1999 to the Petitioner with Interest @ 12% p.a.

(3.) Learned Judge, vide impugned Order, dtd. 7/6/2011, has disposed of the Writ Petition with a direction that depending upon the outcome of S.L.P.(Civil) No.13599/90, pending on the file of the Hon'ble Supreme Court of India, the Petitioner's pensionary right will be decided and ordered to be passed within four weeks from the date of the said decision. Challenging the vires of the said order, the abovesaid Writ Appeals have been preferred by the Employee as well as the Management of State Bank of India. For the sake of convenience, the array of parties, as shown in the Writ Petition is adopted here also.