PARMESHWAR DUTTA TEWARI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) R. A. Sharma, J. The petitioner, who was an Officer of the State Bank of India, was suspended vide order dated 29-5- 1982. After holding the departmental enquiry against him, he was removed from service by order dated November 5, 1984. His writ petition challenging the order of removal was dismissed. Petitioner, thereafter, requested the Bank for payment of provident fund, travelling allowance, gratuity and pension. No action having been taken by the Bank at his request, he filed this writ peti tion for a writ of mandamus directing the respondents to pay him aforesaid dues.

(2.) BANK has filed counter-affidavit and the petitioner has filed rejoin der-affidavit in reply thereto. We have heard learned counsel for the parties.

(3.) THE period of service of an employee till he ceases to be a member of the service is liable to be taken into account while fixing the pension etc. unless the terms in contract of employment or the rules governing the condition of service provide otherwise. In the instant case, no such contract or rules has been placed before us. THErefore, the period of service of the petitioner till he was removed from service is liable to be takenanto consi deration for calculating the pension etc.