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1996 Supreme(SC) 1916

K.RAMASWAMY, G.B.PATTANAIK
Arikaravula Sanyasi Raju – Appellant
Versus
Branch Manager, State Bank Of India, Visakhapatnam (A. P. ) – Respondent


JUDGMENT

1. Leave granted.

2. This appeal by special leave arises from the order of the Division Bench of the Andhra Pradesh High Court, made on April 26, 1996 in Writ Appeal No. 203/96 confirming the judgment of the learned single Judge.

3. The admitted position is that while the appellant was working as an officer in JMG Scale-I, an enquiry was held and he was removed from service on the finding of misconduct recorded by order dated May 25, 1990. He filed the writ petition claiming payment of Provident Fund and pension. The learned single Judge directed payment of the Provident Fund in terms of the Rule but denied the relief of pension. That was confirmed by the Division Bench.

4. The appellant placed reliance on Rule 22 of the State Bank of India Services Rules which reads as under:

"22.(i) A member shall be entitled to a pension under these rules on retiring from the Banks 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 appr







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