- (1.) Heard Sri H.G.S.Parihar, Senior Advocate assisted by Mr. Rakesh Kumar Singh for the petitioner and Sri Gopal Kumar Srivastava, appearing for the respondents Bank.
(2.) Ram chandra Singh-Petitioner has filed instant writ petition inter-alia for quashing the order dated 29.5.2001 [contained in Annexure-7 to the writ petition] whereby petitioner was informed that according to the instructions received from the controlling authority since the petitioner had not completed the prescribed period of service under the Pension and Provident Fund Rules, he was not eligible for pension. The petitioner has also assailed the order dated 18.4.2002 passed on the representation of the petitioner whereby it was informed that in terms of the instructions contained in O.M. No.28/24/94-P &PW(B) dated 30.5.1995, the petitioner was not entitled for reckoning the period of service rendered by him in the Armed Forces towards pensionable service.
(3.) Brief facts of the case as culled out from the pleadings of writ petition, are that the petitioner-Ram Chandra Singh is a retired ex-servicemen and upon retirement from Armed Forces, he was re-employed in State Bank Of India at its M.G. Marg, Kanpur Branch as a temporary Guard from 31st December 1974, where he worked for 3 years 2 months and 29 days upto 31/8/1978. Thereafter, the petitioner was selected and appointed as a permanent Watchman with combined designation vide Memorandum dated 14/8/1978 initially on probation for a period of six months. After completion of probation, the petitioner was made confirmed and thereafter he was transferred to Zonal Office,Lucknow/. By passage of time, the petitioner was promoted to the post of Head Messenger on which the petitioner continued till his retirement under the State Bank Of India Voluntary Retirement Scheme (hereinafter referred to as "SBIVRS"). According to the petitioner, he had completed total period of 24 years 11months and 29 days as against the total qualifying period of 10 years of eligibility for pension in terms of the provisions contained in Annexure-1 and Annexure-2 to the writ petition.;