JUDGEMENT
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(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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