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2018 Supreme(Bom) 1320

R.M.SAVANT, NITIN W.SAMBRE
Rugmini Ganesh w/o Ganesh Raman Iyer – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Bajaj, Adv.
For the Respondent: Mr. Neel Helekar, Adv

JUDGMENT:

Rule, made returnable forthwith and heard finally with the consent of the parties.

2. The Petitioner has approached this Court seeking a direction that she be granted pension. There can be no dispute about the fact 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 y














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