GULEL RAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) In both these writ petitions common questions of facts and law are involved, they are decided by this single judgment. Both the petitioners have filed these writ petitions for the grant of pension the period during which they have served in the service of State Bank of India (for short "SBI") respondent. Gulel Ram petitioner joined Army service on September 27, 1953. He was discharged as Naib-Subedar on September 27, 1974. The petitioner was re-employed by respondent-SBI on June 27, 1984 as Guard and was confirmed as such on December 27, 1984 . He attained superannuation age of 58 years in March 1994 but was given extension of two years. He retired from the service of respondent-SBI on March 31, 1996. According to the petitioner, he had served in the service of SBI as Guard from June 27, 1984 to March 31, 1996, but the respondent-SBI has not granted him pension from the date of his re-employment till he was in its service on the ground that the petitioner is not eligible for pension as he has not completed ten years of pensionable service. On these premises the petitioner has claimed pension on the sole ground that he has completed ten years pensionable service.

(2.) In reply to the writ petition, the respondent-SBI has admitted that the petitioner had retired from the service on March 31, 1996 after he was given extension of two years, otherwise he was to retire in 1994 on attaining the superannuation age of 58 years. It is stated that the petitioner joined the service of the Bank on June 27, 1984 and he was confirmed on December 27, 1984 . He had completed the, superannuation age of 58 years on March 27, 1994. He having not completed ten years of pensionable service with effect from the date of his confirmation till the date of superannuation age of 58 years and on March 27, 1994 he was not eligible for the grant of pension in terms of the State Bank of India Employees' Pension Fund Rules, 1955. The petitioner has not completed the ten years pensionable service and the extended period of two years of service after superannuation age of 58 years cannot be counted for the purpose of making the petitioner eligible to the pension. CWP No. 606 of 2000

(3.) Rajinder Singh petitioner was initially enrolled as Sepoy in Dogra regiment on October 11, 1958. He was discharged from Army on October 15, 1973. He was re-employed in the respondent-SBI as Guard on January 18, 1986 against the post reserved for ex-serviceman. He was sent on training by the SBI on March 15, 1986. The petitioner was confirmed on July 18, 1986 as Guard and after serving the SBI for about 11 years and 4 months, the petitioner was to be retired on superannuation age of 58 years on May 31, 1996 but his period of service was extended by two years. According to the petitioner, his entire period of service from 1986 ought to have been counted for the purpose of pension till his retirement on May 31, 1998, but the SBI has counted his service period for pensionable service from July 18, 1986 till May 31, 1996. On these premises the petitioner has claimed that he has completed more than 11 years of service, he is entitled for pension, as per the revised instructions of the SBI.