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   sundarlayman October 14, 2018 — 8:36 pm

   Kind attention : SBI Employees
   1 915.1873.17 WP.doc
   ISM
   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   ORDINARY ORIGINAL CIVIL JURISDICTION
   WRIT PETITION NO. 1873 OF 2017
   Rugmini Ganesh …..Petitioner
   w/o Ganesh Raman Iyer
   R/o A 402, Shreeji Milap,
   Sector 40, Plot 52, Seawoods (West)
   Nerul (West), Navi Mumbai 400706
   V/s.
   State Bank of India …..Respondent
   Rep. By its Chairperson
   Mumbai 400 020
   Mr. Anil Bajaj for the Petitioner
   Mr. Neel Helekar for respondent
   CORAM : R. M. SAVANT &
   NITIN W SAMBRE, JJ.
   DATE : 5
   th OCTOBER, 2018.
   ORAL JUDGMENT:
   Rule, made returnable forthwith and heard finally with the
   consent of the parties.2 915.1873.17 WP.doc
   2 The Petitioner has approached this Court seeking a direction
   that she be granted pension. There can be no dispute about the
   facct that the Petitioner was appointed as a clerk on 01/09/1980 on
   probation. The Petitioner was thereafter confirmed on 01/03/1981.
   It seems that she took voluntary retirement under the Voluntary
   Retirement Scheme (VRS) on 31/03/2001. There is no dispute about
   the fact that the Petitioner is not denied pension on the ground that
   she has taken the benefit of VRS. The denial of pension is on the
   touchstone of Rule 22 of the State Bank of India Employees’ Pension
   Fund Rules. The said Rule reads thus:
   “22. (i) A member shall be entitled to a pension under these
   rules on retiring from the Bank’s service­
   (a) After having completed twenty years’
   pensionable service provided that he has attained the age of
   fifty years or if he is in the service of the Bank on or after
   1.11.93, after having completed ten years pensionable
   service provided that he has attained the age of fifty eight
   years or if he is in the service of the Bank on or after
   22.05.1998, after having completed ten years pensionable
   service provided or he has attained the age of sixty years.3 915.1873.17 WP.doc
   (b) After having completed twenty years’
   pensionable service, irrespective of the age he shall have
   attained, if he shall satisfy the authority competent to
   sanction his retirement by approved medical certificate or
   otherwise that he is incapacitated for further active service.
   (c) After having completed twenty years
   pensionable service, irrespective of the age he shall have
   attained at his request in writing
   (d) After twenty five years’ pensionable service”.
   (ii) ………..
   (iii) ……….
   3 The reading of the said Rule discloses that the person is
   entitled to pension after completing 20 years of service and if he has
   attained 50 years or if he is in service of the bank on or after having
   completed twenty years’ pensionable service provided that he has
   attained the age of fifty years or if he is in the service of the Bank on
   or after 1.11.93, after having completed ten years pensionable 4 915.1873.17 WP.doc
   service provided that he has attained the age of fifty eight years or if
   he is in the service of the Bank on or after 22.05.1998, after having
   completed ten years pensionable service provided or he has attained
   the age of sixty years. The said Rule had come up for consideration
   in a case which can be said to be identical to the case in hand before
   the Division Bench of the Madras High Court in W.A. No. 1483 of
   2014. The Judgment of the Division Bench of the Madras High Court
   is dated 16/02/2015.
   4 In the context of relief sought in the present petition, the
   conclusion of the Division Bench insofar as the pensionable service
   is concerned is contained in paragraph 14 of the said Judgment
   which for the sake of ready reference is reproduced hereinunder:
   14. Thus, pensionable service of the Petitioner is to be
   reckoned from the date of his initial appointment on
   23.02.1987. Computing the period from that day, the writ
   Petitioner had completed more than 20 years pensionable
   service as required under Rule 22 (i) of the SBI Rules, as on
   the day his request for Exit Option was accepted i.e., on
   15.06.2007. 5 915.1873.17 WP.doc
   5 Hence, the Division Bench of Madras High Court considering
   the seniority rules which postulate the seniority has to be counted
   from the date of initial appointment, held that the pensionable
   service is to be reckoned from the date of initial appointment.
   6 In the case of the Petitioner above named that is precisely not
   been done and that the period in which the Petitioner was on
   probation has been discounted, resulting in the Petitioner falling
   short of the qualifying service of 20 years. There is no dispute about
   the fact that the Petitioner was appointed on 01/09/1980 and the
   Petitioner took VRS on 31/03/2001 which is more than 20 years of
   service and hence, even if the period of leave of loss which is a
   period of 1 month and 8 days is deducted, the Petitioner would still
   fulfill the qualifying service of 20 years. The above petition is
   therefore, required to be allowed. We accordingly direct the
   Respondent no. 1 to pay pension to the Petitioner, calculated from
   the date of her retirement i.e. from 31/03/2001. Arrears of pension 6 915.1873.17 WP.doc
   be paid within 12 weeks from the date and the Respondent no. 1
   would thereafter pay pension from month to month as per Rules.
   7 The Petition is allowed to the aforesaid extent.
   8 Rule is accordingly made absolute in the above terms with
   parties to bear their respective costs.
   [NITIN W. SAMBRE, J.] [R. M. SAVANT, J.]

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