- (1.) By obtaining special leave, the State Bank of Bikaner and Jaipur ("Bank") has appealed to this Court against the judgment dated September 17, 1985 of the Division Bench of Rajasthan High Court in Special Civil Appeal No. 161 of 1985. The question raised in this appeal is as to the nature of right of the respondent to get an extension of service beyond the age of superannuation.
(2.) The respondent was an officer of the Bank. His service conditions were regulated by what is termed as State Bank of Bikaner and Jaipur (Officers') Service Regulations, 1979. The regulations came into force, with effect from October 1, 1979. Regulation No. 19 provides for the age of retirement. It also preserves discretion to the Bank to extend the period of service of any officer beyond the age of retirement The relevant portion of Regulation 19 reads: "Age of Retirement: 19.(1) An officer shall retire from the service of the Bank on attaining the age of fifty eight years or up to the completion of -thirty years' service, whichever occurs first. Note: However, the existing practice of utilising the service of officers beyond the age of 58 years by considering individual cases for grant of extension will continue only in respect of employees who joined the service as workmen or as officers before the 19th July, 1969. Further, such employees may be granted extension in service instead of reemployment as is the case in the State Bank of Mysore and State Bank of Saurashtra. A suitable diary note should be made in this regard and carried over at intervals, to ensure that this factor is not overlooked at the time when the cases of employees who joined on or after 19th July, 1969 come up for consideration (RER/32/80 dated 20-5-1980). Provided that the competent authority may, at its discretion, extend the period of service of an officer who has attained the age of fiftyeight years or has completed thirty years' service as the case may be, should such extension be deemed desirable in the interest of the Bank."
(3.) The aforesaid 'note' to Regulation 19 refers to the existing practice in the Bank and that 'note' was added by notification dated May 20, 1980.;