N ESWARAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner joined service under State Bank of India, the respondent No.1, on 1.10.1962 and was confirmed in service with effect from 1.4.1963 and was promoted as a Record Keeper in 1980 and subsequently retired as such from services with effect from 31.1.1984. After his retirement, the petitioner made a query regarding pensionary benefit. By letter dated 12.10.1984, he was intimated that he was not eligible for admission into Banks Pension Fund Scheme in terms of the provisions contained in the Pension Fund Rules. A similar communication was again on 7.5.1985. Undaunted by such communications, the petitioner went on making correspondence, culminating in filing representation in the grievance cell of the Minister of Finance, but in vain. Ultimately, the petitioner has filed the present writ petition for quashing the communications dated 12.10.1984 and 7.5.1985 and for a direction to the respondents to grant and pay the pension with effect from 1-2-1984.

(2.) It is the contention of the petitioner that even though he was not eligible to get the pension as per the rules at the time of his retirement, by virtue of subsequent amendment to the rules, the benefit is available to the petitioner and denial of such benefit to the petitioner is discriminatory.

(3.) As per the relevant Rule relating to eligibility for pension, no employee was eligible to get pension is he was over the age of 35 at the time of his entry into service. Subsequently by an amendment made on 26.3.1987, the aforesaid age was increased to 38.