1. The petitioner, who was compulsorily retired by the respondent Bank vide order dated 23.08.1988, claims pension and challenge is made to Regulation No. 33 of the Bank of India (Employee’s) Pension Regulations, 1995, insofar as it denies pension to compulsory retirees prior to 01.11.1993.

2. Heard Mr. A.K. Clerk, learned advocate for the petitioner and Mr. Nandish Chudgar for Nanavati Associates for the respondent Bank.

3. Learned counsel for the petitioner stated that the date of birth of the petitioner is 18.08.1928. He had joined the service of the respondent Bank as Clerk on 18.10.1948 and he was promoted as an officer on 16.11.1960. He was further promoted as Chief Manager in the year 1983. His date of birth being 18.08.1928, and the superannuation age being 60 years, he was to retire on 31.08.1988. About a week before effective date of retirement, respondent Bank passed an order on 23.08.1988, ordering compulsory retirement of the petitioner, which was by way of penalty for misconduct. The said punishment order is not the subject matter of this petition. It is also stated that whatever was payable at the relevant time as per Rules, was paid to the petitioner. It is