B L ARORA Vs. CHAIRMAN AND MANAGING DIRECTOR SYNDICATE BANK
LAWS(SC)-2008-4-182
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on April 22,2008

B L ARORA Appellant
VERSUS
CHAIRMAN AND MANAGING DIRECTOR SYNDICATE BANK Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the writ petition filed by the appellant.
(3.) Background facts in a nutshell are as follows: Appellant joined Short Service Commission in the Indian Army. There was an advertisement issued by the respondent- Syndicate Bank (hereinafter referred to as the 'Bank') inviting applications for the posts of Junior Officers. Out of the total number of posts, 25% posts were reserved for Ex. Emergency Commissioned Officers/Short Service Commissioned Officers. Appellant appeared in the written test and was declared qualified. He joined the Bank on 29.3.1976 on being released from armed forces. For the purpose of fixation of pay and promotion service, rendered by the appellant in armed forces was taken into consideration in view of certain government instructions. Appellant opted for voluntary retirement in the year 2001 in view of a scheme framed by the Bank. Appellant thereafter made a claim that the period of military service should be taken into account for fixation of pension computation and gratuity. The claim was turned down by the Bank in view of Regulation 24 of the Syndicate Bank (Employees) Pension Regulations, 1995 (in short the "Regulations"). The appellant took the stand that in view of the Government of India's instructions dated 10th November, 1986, the period of military service should be included for the purpose of computing the pension. The High Court dismissed the writ petition holding that the benefit of earlier army service in terms of Rule 6 of The Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation on Vacancies) Rules, 1971 (in short 'Rules') and Memorandum dated 21.9.1993 are restricted to the limited purpose of seniority and pay fixation.;


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