The main legal point established in the judgment is that the eligibility for pension benefits under the State Bank of India Employees Pension Fund Rules, 1955 is contingent upon completing the mandatory ten years of pensionable service, and the service for pension benefits is reckoned till the age of retirement, which was 58 years.

Lokeshwar Singh Panta, J.—In both these writ petitions common questions of facts and law are involved, they are decided by this single judgment.

2. Both the petitioners have filed these writ petitions for the grant of pension for the period during which they have served in the service of State Bank of India (for short "SBI") respondent. CWP No. 525 of 2000

3. Gulel Ram petitioner joined Army service on 27.9.1953. He was discharged as Naib-Subedar on 27.9.1974. The petitioner was re-employed by respondent-SBI on 27.6.1984 as Guard and was confirmed as such on 27.12.1984. He attained superannuation age of 58 years in March 1994 but was given extension of two years. He retired from the service of respondent-SBI on 31.3.1996. According to the petitioner, he had served in the service of SBI as Guard from 27.6.1984 to 31.3.1996, but the respondent-SBI has not granted him pension from the date of his re-employment till he was in its service on the ground that the petitioner is not eligible for pension as he has not completed ten years of pensionable service. On these premises the petitioner has claimed pension on the sole ground that he has completed ten years pensionable service.

4. In reply to the writ petition, the respondent-SBI has admitted that the petitioner had retired from the service on 31.3.1996 after he was given extension of two years, otherwise he was to retire in 1994 on attaining the superannuation age of 58 years. It is stated that the petitioner joined the service of the Bank on 27.6.1984 and he was confirmed on 27.12.1984. He had completed the superannuation age of 58 years on 27.3.1994. He having not completed ten years of pensionable service with effect from the date of his confirmation till the date of superannuation age of 58 years and on 27.3.1994 he was not eligible for the grant of pension in terms of the State Bank of India Employees Pension Fund Rules, 1955. The petitioner has not completed the ten years pensionable service and the extended period of two years of service after superannuation age of 58 years cannot be counted for the purpose of making the petitioner eligible to the pension, CWP No. 606 of 2000

5. Rajinder Singh petitioner was initially enrolled as Sepoy in Dogra regiment on 11.10.195 8. He was discharged from Army on 15.10.1973. He was re-employed in the respondent-SBI as Guard on 18.1.1986 against the post reserved for ex-serviceman. He was sent on training by the SBI on 15.3.1986. The petitioner was confirmed on 18.7.1986 as Guard and after serving the SBI for about 11 years and 4 months, the petitioner was to be retired on superannuation age of 58 years on 31.5.1996 but his period of service was extended by two years. According to the petitioner, his entire period of service from 1986 ought to have been counted for the purpose of pension till his retirement on 31.5.1998, but the SBI has counted his service period for pensionable service from 18.7.1986 till 31.5.1996. On these premises the petitioner has claimed that he has completed more then 11 years of service, he is entitled for pension, as per the revised instructions of the SBI.

6. In reply to this writ petition, the respondent-SBI stated that the date of birth of the petitioner as per Bank record is 6.5.1938. He attained the age of 58 years on 5.5.1996 and the age of 60 years on 5.5.1998. The petitioner joined the Bank service on 18.1.1986 and was confirmed on 18.7.1986. The date from which the service of the petitioner was to be counted for pension is from 18.7.1986 as per State Bank of India Employees Pension Fund Rules. The length of pensionary service of the petitioner comes to 9 years 9 months and 18 days on attaining the age of 58 years, whereas to enable the petitioner to get pension he should have completed 10 years of pensionary service in the Bank when he had attained the age of 58 years and the date of his retirement on 31.5.1998 at the age of 60 years after getting extension of two years is not relevant for the purp