LAWS(HPH)-2003-4-17

VIJAY SINGH Vs. UNION OF INDIA

Decided On April 29, 2003
VIJAY SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By virtue of the present petition preferred under Article 226/227, Constitution of India, the petitioner has approached this Court seeking the following writ, order and/or directions: - (i) The condition as per para 2.8. of the Annexure P -2 may , be quashed and set aside as arbitrary, unfair and unjust; (ii) Respondent No. 1, Union of India be directed to include the petitioner and similarly situate persons to receive "One Time Increase (O.T.I.)" benefit in pension, who have not received any other pensionary benefits on their re -employment; (iii) The circular/Memo. No. PER -47 of 1994 -95 issued by Chief General Manager, State Bank of India, Local Head Office, Sector 17 -B, Chandigarh (respondent No. 3) may be quashed and set aside as being arbitrary, unfair, unjust and irrational, whereby respondent No. 2 has imposed 1.11.1993 as a cut of date excluding all the previous cases from consideration for pensionary benefits; (iv) direction to respondents No. 2 and 3 to include all the: previous cases who have retired prior to 1.11.1993 (on or after 1.1.1986) from Bank services on reaching the , age of superannuation after completion of 10 years of service, for grant of pensionary benefits, with effect from 1.1.1993, that is the date from which the pension scheme was introduced by the Bank; and (v) respondents be directed to award interest at the rate of 18% per annum on arrears of pension from the date of its due till the date of payment.

(2.) Shorn of details, the admitted facts of the case may be thus stated. The petitioner joined the Indian Army as a soldier on 7.12:1949! He rose to the rank of Havildar and upon having completed the term of his engagement, he was retired from Army on 6.7.1970 and was granted pension as admissible to him under the relevant Rules.

(3.) The petitioner thereafter joined State Bank of India in H.P. as a Clerk on 12.7.1971 and rose to the post of Officer, Junior Management Grade -I, on attaining the age of superannuation, that is, the age of 58 years, he retired from service of the Bank on 31.5.1990 after putting in 18 years 10 months and 20 days of service. No pension was granted to him on such retirement since as per the relevant rules of the Bank, the qualifying minimum service for pension was 20 years. Even the benefit of Army service rendered by him was not given to him since he had joined the services of the Bank after a lapse of more than 6 months from the date of retirement from Army.