The eligibility for pension under the State Bank of India Employees Pension Fund Rules is determined by the age and total service of the employee, as well as the interpretation of relevant clauses and rules.

( 1 ) HEARD Sri Namit Srivastava, the learned counsel for the petitioner and Sri Satish chaturvedi, the learned counsel for the State bank of India.

( 2 ) THE petitioner is an Ex-Army man and was appointed as a Security Guard in the State bank of India on May 11, 1971. He was confirmed in the service in the bank on November 11, 1971. His date of birth as recorded in the service Book is October 16, 1933 and, consequently on the date when he was confirmed in November 1971 he was over 38 years of age. Under the Rules framed by the bank, the age of retirement is 58 years. The petitioner retired on reaching the age of superannuation on October 15, 1991 but was granted two extension of service, w. e. f. October 16, 1991 to October 15, 1992 and from October 16, 1992 to October 15, 1993. In this manner, the petitioner contended that he had been in service for more than 20 years. The petitioner made a representation to the authority praying that he was entitled for the payment of the pension under the State Bank of india Employees Pension Fund Rules. The representation of the petitioner was rejected by an order dated October 18, 2003. Consequently, the present writ petition was filed praying for a writ of inandamus commanding the respondents to release the pensionary benefits to the petitioner along with interest @ 18% per annum.

( 3 ) THE learned counsel for the petitioner submitted, that according to the Pension Rules framed by the bank, the cut of date for becoming a member of the State Bank of India employees Pension Fund is 38 years coupled with the fact that an employee should have a total service of 20 years. The petitioner submits that on the date when he was appointed on 11th may, 1971, he had not crossed the age of 38 years and was, therefore, eligible to become a member of the Pension Fund, and that he had retired in 1993 and, accordingly, had put in almost 22 years of service. Therefore, he had completed more than the minimum service of 20 years as required under the Rules, and was therefore again qualified for receiving the pension under the Rules framed by the bank.

( 4 ) THE submission of the learned counsel for the petitioner seems to be attractive in the first blush, but upon a perusal of the relevant rules, this Court finds that the petitioner is not entitled for any relief.

( 5 ) IN exercise of powers conferred by section 50 of the State Bank of India Act, the state Bank Employees Pension Fund Rules were framed. Rules 7, 8 and 22 of the said rules are relevant and are quoted herein below :-"7. Save as provided in Rule 8, every permanent employee (including permanent part-time employees who is required by the bank to work for more than six hours a week) in the service of the Bank who is entitled to pension benefits under the terms and condition of his service shall become a member of the Fund from- (a) the date from which he is confirmed in the service of the Bank, or (b) the date from which he may be required to become a member of the Fund under the terms and conditions of his service. ""8. Save as provided in Rule 25, no employee shall be eligible to become a member of the fund- (a) if he is a member of the Imperial Bank of India Employees Pension and Guarantee fund or if he is engaged in any country outside India and appointed for service in such country; (b) if he is below 21 years of age; (c) if he is over 38 years of age; or (d) whose service is specially declared by the Bank to be non- pensionable. ""22. (i) A member shall be entitled to a pension under these rules on retiring from the Banks service- (a) after having completed twenty years pensionable service provided that he has attained the age of fifty years; (b) after having completed twenty years pensionable service, irrespective of the age he shall have attained, if he shall satisfy the authority competent to sanction his retirement by approved medical certificate or otherwise that he is incapacitated for further active service; (c) aft