1. Heard Mr. D.P. Chaliha, learned Senior Counsel assisted by Mr. U.P. Chaliha, learned counsel for the petitioner and Mr. S.S. Sarma, learned Senior Counsel assisted by Mr. A. Sarma, learned counsel for the respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents for payment of pension.

3. Facts of the case may be briefly narrated.

Petitioner had joined service in the State Bank of India (SBI) as Clerk-cum-Cashier on 21.10.1980. In the course of his service, he was promoted to the rank of Deputy Manager, and at the relevant point of time, he was serving as Deputy Manager in the North Lakhimpur Branch of SBI.

4. SBI issued a circular on 30.12.2000, deciding to implement a Voluntary Retirement Scheme for the employees called, SBI Voluntary Retirement Scheme (Scheme). All permanent employees of SBI who had put in 15 years of service or had completed 40 years of age as on 31.12.2000 were eligible to avail the Scheme. Intending eligible employees had to apply between 15.01.2001 to 31.01.2001. As per the Scheme, gratuity, provident fund, pension, leave encashment etc., as due, were to be paid to the employees who

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