B.P. Katakey, J.

1. By the present writ petition the petitioner, who was serving in a Grade-IV post of Messenger in the State Bank of India, Kolasib Branch, has challenged the order dated 21.5.2004 passed by the respondent No. 2, namely, Asstt. General Manager, State Bank of India, Aizawl refusing to pay the pensional benefit under the provision of the State Bank of India Employees Pension Fund Rules, 1955 (hereinafter referred as 'Pension Rules') and also the benefit of encashment of balance of Privilege Leave, upon opting for voluntary retirement under the voluntary retirement scheme of the State Bank of India.

2. Pacts leading to the filing of the present writ petition are that the petitioner was initially engaged on muster roll basis and thereafter appointed as Messenger in Aizawl branch on 10.10.1980 and confirmed with effect from 10.4.1981. After confirmation he was transferred to Kolasib branch. While the petitioner was serving as Messenger a Voluntary Retirement Scheme was floated by the Management of the bank. The petitioner who fulfills the requisite conditions under the said scheme opted for voluntary retirement and accordingly the voluntary retirement was given to