Bombay High Court
Rugmini Ganesh vs State Bank Of India on 5 October, 2018
Bench: R. M. Savant, Nitin W Sambre
1 915.1873.17 WP.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1873 OF 2017
Rugmini Ganesh .....Petitioner
w/o Ganesh Raman Iyer
R/o A 402, Shreeji Milap,
Sector 40, Plot 52, Seawoods (West)
Nerul (West), Navi Mumbai 400706
V/s.
State Bank of India .....Respondent
Rep. By its Chairperson
Mumbai 400 020
Mr. Anil Bajaj for the Petitioner
Mr. Neel Helekar for respondent
CORAM : R. M. SAVANT &
NITIN W SAMBRE, JJ.
DATE : 5th OCTOBER, 2018.
ORAL JUDGMENT:
Rule, made returnable forthwith and heard finally with the consent of the parties.
Digitally signed
Iresh by Iresh
Siddharam
Siddharam Mashal
Mashal Date: 2018.10.08
18:01:33 +0530
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2 The Petitioner has approached this Court seeking a direction
that she be granted pension. There can be no dispute about the facct that the Petitioner was appointed as a clerk on 01/09/1980 on probation. The Petitioner was thereafter confirmed on 01/03/1981. It seems that she took voluntary retirement under the Voluntary Retirement Scheme (VRS) on 31/03/2001. There is no dispute about the fact that the Petitioner is not denied pension on the ground that she has taken the benefit of VRS. The denial of pension is on the touchstone of Rule 22 of the State Bank of India Employees' Pension Fund Rules. The said Rule reads thus:
"22. (i) A member shall be entitled to a pension under these rules on retiring from the Bank's service-
(a) After having completed twenty years' pensionable service provided that he has attained the age of fifty years or if he is in the service of the Bank on or after 1.11.93, after having completed ten years pensionable service provided that he has attained the age of fifty eight years or if he is in the service of the Bank on or after 22.05.1998, after having completed ten years pensionable service provided or he has attained the age of sixty years.
3 915.1873.17 WP.doc
(b) After having completed 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 twenty years pensionable service, irrespective of the age he shall have attained at his request in writing
(d) After twenty five years' pensionable service".
(ii) ...........
(iii) ..........
3 The reading of the said Rule discloses that the person is
entitled to pension after completing 20 years of service and if he has attained 50 years or if he is in service of the bank on or after having completed twenty years' pensionable service provided that he has attained the age of fifty years or if he is in the service of the Bank on or after 1.11.93, after having completed ten years pensionable 4 915.1873.17 WP.doc service provided that he has attained the age of fifty eight years or if he is in the service of the Bank on or after 22.05.1998, after having completed ten years pensionable service provided or he has attained the age of sixty years. The said Rule had come up for consideration in a case which can be said to be identical to the case in hand before the Division Bench of the Madras High Court in W.A. No. 1483 of 2014. The Judgment of the Division Bench of the Madras High Court is dated 16/02/2015.
4 In the context of relief sought in the present petition, the conclusion of the Division Bench insofar as the pensionable service is concerned is contained in paragraph 14 of the said Judgment which for the sake of ready reference is reproduced hereinunder:
14. Thus, pensionable service of the Petitioner is to be reckoned from the date of his initial appointment on 23.02.1987. Computing the period from that day, the writ Petitioner had completed more than 20 years pensionable service as required under Rule 22 (i) of the SBI Rules, as on the day his request for Exit Option was accepted i.e., on 15.06.2007.
5 915.1873.17 WP.doc 5 Hence, the Division Bench of Madras High Court considering the seniority rules which postulate the seniority has to be counted from the date of initial appointment, held that the pensionable service is to be reckoned from the date of initial appointment. 6 In the case of the Petitioner above named that is precisely not been done and that the period in which the Petitioner was on probation has been discounted, resulting in the Petitioner falling short of the qualifying service of 20 years. There is no dispute about the fact that the Petitioner was appointed on 01/09/1980 and the Petitioner took VRS on 31/03/2001 which is more than 20 years of service and hence, even if the period of leave of loss which is a period of 1 month and 8 days is deducted, the Petitioner would still fulfill the qualifying service of 20 years. The above petition is therefore, required to be allowed. We accordingly direct the Respondent no. 1 to pay pension to the Petitioner, calculated from the date of her retirement i.e. from 31/03/2001. Arrears of pension 6 915.1873.17 WP.doc be paid within 12 weeks from the date and the Respondent no. 1 would thereafter pay pension from month to month as per Rules. 7 The Petition is allowed to the aforesaid extent. 8 Rule is accordingly made absolute in the above terms with parties to bear their respective costs.
[NITIN W. SAMBRE, J.] [R. M. SAVANT, J.]