Heard learned counsel for the parties.
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 31.08.2010. 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 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;
(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.
(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 1.11.1993, after having completed ten years pensionable service provided that he has attained the age of Fifty eight years.
(b) No change
(c) No change
(d) No change 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)."
Thus, it is clear that a person who takes voluntary retirement would be eligible for pension if his case falls within the pension fund rules. We have quoted the pension funds rules earlier. A person to be eligible for pension must have put at least 20 years of service, which is admitted that the appellant has not completed.
In the light of the aforesaid observations, the special appeal is dismissed.