JUDGMENT :

C.R. Dash, J.

1. The petitioner, an employee of the State Bank of India, was removed from service before he attained 50 years of age. He, in this writ application, has claimed pensionary benefits and gratuity on the ground that, he has rendered service for 30 years 9 months and 25 days in the State Bank of India by the time of his removal from service.

2. The petitioner joined as Messenger in the State Bank of India on 21.08.1971. The appointment was on daily wage basis, however, without any break. On getting through an interview, the petitioner was appointed on regular basis as a Messenger on 17.02.1973. Subsequently, he got promotion as a Record Keeper, served for some time in Cuttack City Branch of the State Bank of India and was transferred to Baliguda Branch in the district of Phulbani. On 14.05.1987, the petitioner was suspended from service and a Disciplinary Proceeding was initiated against him. Pending finalization of the Disciplinary Proceeding, the suspension order was revoked on 22.07.1989. On 17.03.1998, the petitioner was charge-sheeted and on 09.03.2000 vide Annexure-5, petitioner was removed from service. Petitioner preferred appeal. The appeal was disposed