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 years pensionable service provided or he has attained the age of sixty 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”.

(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 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. 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