Amrita Sinha, J. - (1.) The petitioner was an employee of the State Bank of India (in short SBI). He joined service on 6th. August 1979. On account of misconduct a disciplinary proceeding was initiated against him and on punishment he was removed from service with effect from 23rd. May 2002. The punishment order dated 27th. May 2004 read as follows:- "Removed from service with superannuation benefits viz; pension and/or provident fund and gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time and without disqualification from future employment."
(2.) Pursuant to the above order the petitioner had received his provident fund and gratuity but not his pension. Vide letter dated 22nd. March 2012 the Assistant General Manager (HR), State Bank of India rejected the prayer of the petitioner for grant of pension on the ground that he did not fulfil any of the criteria as mentioned in Rule 22(i)(a) and 22(i)(d) of SBI Pension Fund Rules. It was mentioned that on the date of removal from service the petitioner had put in 22 years 3 months and 17 days of pensionable service and the age of the petitioner on the said date was 41 years 1 month and 10 days.
(3.) It has been submitted on behalf of the petitioner that the order of punishment specifically mentioned that the petitioner would be entitled to receive his pension and accordingly the same cannot be denied under any circumstances. Further the authorities had deducted a portion of his salary every month on account of his pension and a considerable sum of money had accumulated in the pension fund of which he was a member. It has been also submitted that the condition imposed by the bank in Rule 22(1)(a) for payment of pension on attaining fifty years of service is discriminatory and in violation of Articles 14, 21 and 300A of the Constitution of India.;