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1988 Supreme(SC) 584

K.JAGANNATHA SHETTY, G.L.OZA
State Bank Of Bikaner And Jaipur – Appellant
Versus
Jag Mohan Lal – Respondent


Advocates:
A.V.RANGAM, S.K.JAIN, SATISH CHANDRA AGRAWAL, V.M.TARKUNDE

JUDGMENT

JAGANNATHA SHETTY, J. : — By obtaining special leave, the State Bank of Bikaner and Jaipur ("Bank") has appealed to this Court against the judgment dated September 17, 1985 of the Division Bench of Rajasthan High Court in Special Civil Appeal No. 161 of 1985. The question raised in this appeal is as to the nature of right of the respondent to get an extension of service beyond the age of superannuation.

2. The respondent was an officer of the Bank. His service conditions were regulated by what is termed as State Bank of Bikaner and Jaipur (Officers) Service Regulations, 1979. The regulations came into force, with effect from October 1, 1979. Regulation No. 19 provides for the age of retirement. It also preserves discretion to the Bank to extend the period of service of any officer beyond the age of retirement The relevant portion of Regulation 19 reads:

"Age of Retirement:

19.(1) An officer shall retire from the service of the Bank on attaining the age of fifty eight years or up to the completion of -thirty years service, whichever occurs first.

Note: However, the existing practice of utilising the service of officers beyond the age of 58 years by considering individual cases




























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