- (1.)The appellant, a bank officer, was tried departmentally for his conduct for which he was charged and removed from the bank service on 6/3/1982. He challenged the order in appeal before the Appellate Board. The Appellate Board partly accepted the appeal and modified the order of removal by substituting it by an order of compulsory retirement with effect from 6/3/19822. The appellant challenged the said order in writ petition in the High court. The order of compulsory retirement was upheld in the writ petition. On the question of payment of pension as per the Pension Rules the learned Single Judge in the light of the relevant rule, to which reference will be made a little later, held that the appellant was not entitled to any pension under the said rule. The appellant preferred an appeal before the division bench of the High court. The appeal got summarily rejected and that is how this appeal is filed by obtaining special leave to appeal.
(2.)While issuing notice in this appeal, the notice was confined to the question of pension only as per the order of this court dated 6/4/1987. Therefore, when the appeal reached for final hearing before us learned counsel for the appellant argued only the question of pension. The rulerelevant for deciding the grievance of the appellant is Rule 22 of the Pension Rules, which reads as under:
"22.(1 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. "

(3.)We are not concerned with any other sub-rule. It is not in dispute that the appellant joined the bank service as a Clerk on 30/3/1960. He was confirmed as a Clerk on 30/9/1960. That would be the beginning of the period of pensionable service for him. The order of compulsory retirement took effect from 6/3/1982. Therefore, by that time he can be said to have completed 20 years of pensionable service. Further our attention was drawn by the learned counsel for the respondent to Rule 21 sub-rule (1 which reads as under:
"21.(1 No period of leave granted without leave salary or of absence without leave shall count as pensionable service. A period of suspension shall count as pensionable service only to such extent as the authority which reinstates him declares it to be pensionable at the time of reinstatement or the authority which sanctions his retirement declares it to be so at the time of according the sanction. "