- (1.) The petitioner was appointed as Assistant Cashier-cum-Godown Keeper on September 15, 1993. The petitioner stood retired from the same post w.e.f. December 31, 1997 on reaching the age of superannuation. The petitioner is seeking additional five qualifying years for the purpose of calculation of pension and other retiral benefits as provided under Regulation 26 of the U.C.O. Bank (Employees) Pension Regulations, 1995 mainly on the ground that the petitioner has additional higher qualifications required for the post as also the age relaxation had been given to the petitioner at the time of his appointment.
(2.) Regulation 26, as relied upon, is reproduced here as under: "26. Additional to qualifying service in special circumstances. - An employee shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one fourth of the length of his service or the actual period by which his age at the time of recruitment exceeded the upper age limit specified by the Bank for direct recruitment or a period of five years, whichever is less, if the service or post to which the employee is appointed is one: (a) for which post-graduate research, or specialist qualification or experience in scientific, technological or professional fields, is essential; and (b) to which candidates of age exceeding the upper age limit specified for direct recruitment are normally recruited; (c) for which the candidate was given age relaxation over and above the maximum age limit fixed for Bank on account of his possessing higher qualification or experience; Provided that this concession shall not be admissible to an employee unless his actual qualifying service at the time he quits the service in the Bank is not less than ten years; Provided further that this concession shall be admissible if the recruitment rules in respect of the said service or post contain specific provision that the service or post is one which carries benefit of this regulation; Provided also that the recruitment rules in respect of any service or post which carries the benefit of this regulation shall be made with the approval of the Central Government."
(3.) The petitioner is claiming benefit under Clauses (a) and (b) as referred above. However, a bare reading of the above clauses would show that both the clauses are co-related, The benefit can be given only to a person having Post Graduate Research or specialist qualification or experience in scientific, technological or professional fields, if such qualification is essential for the post and further age of such candidates exceeds the upper age limit specified for direct recruitment in normal course. It is only when a person having specialist qualifications and experience has been appointed after the normal maximum age fixed for the post in question.;