Ferdino Inacio Rebello, Amreshwar Pratap Sahi, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE appellant applied for voluntary retirement and was allowed to retire on 31st March, 2001. THE appellant filed writ petition after having been denied the claim of pension under the Pension Regulations, 1995 by the respondent- Bank. The learned Single Judge noted that the appellant had not completed 15 years of service as prescribed in the amended Regulation 28 and accordingly, the writ petition is dismissed vide judgment and order dated 31.8.2010. The said order is subject matter of the present appeal. We have perused the Rules 22 of the State Bank of India Employees' Pension Fund Rules, which reads as under: Rule No. Existing Rule Amended Rule 22 (i) A member shall be entitled (i) A member shall be to a pension under these rules on entitled to a pension under these retiring from the Bank's service- rules on retiring from the Bank's service- fa) After having completed (a) After having completed twenty years' pensionable twenty years pensionable service provided that he has attained the service provided that he has age of fifty years; attained the age of fifty years, or if he is in the service of the Bank on or after 1.11.1993, after having completed ten years pensionable service provided that he has attained the age of Fifty eight years. Rule Existing Rule Amended Rule No. (b) After having completed (b) No change 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 (c) No change twenty years' pensionable service, irrespective of the age he shall have attained at his request in, writing; (d) After twenty five years' (d) No change pensionable service.
(3.) IN so far as the voluntary retirement scheme to which our attention has been invited, para 3 of the said scheme provides for eligibility for voluntary retirement upon completing 15 years of service or attainment of 40 years of age on 31st December, 2000. In that scheme para 6C of the SBI Voluntary Retirement Scheme (SBIVRS) reads as under: "6C. Pension in terms of State Bank of India Employees' Pension Fund Rules on the relevant date (including commuted value of pension).";