i A member shall be entitled to a pension under these rules on retiring from the Banks service After having companypleted twenty years pensionable service provided that he has attained the age of fifty years After having companypleted twenty years pensionable service, irrespective of the age he shall have attained, if he shall satisfy the authority companypetent to sanction his retirement by approved medical certificate or otherwise that he is in capacitated for further active service After having companypleted twenty years pensionable service irrespective of the age he shall have attained at his request in writing.
The admitted position is that while the appellant was working as an officer in JMG Scale I, an enquiry was held and he was removed form service on the finding of misconduct recorded by order by dated May 25, 1990.
In support thereof, he sough to place reliance on a clarification issued by the Bank in their letter dated February 11, 1985 stating that removal from service entitled him to pension as is available to the other retired persons.
He filed the writ petition claiming payment of Provident Fund and pension.
This appeal by special leave arises from the order of the Division Bench of the Andhra Pradesh High Court, made on April 26, 1996 in Writ Appeal No.203.96 companyfirming the judgment of the learned single Judge.
It does number apply to officer who was removed from service for misconduct.
The learned single Judge directed payment of the Provident Fund in terms of the Rule but denied the relief of pension.
The appellant placed reliance on Rule 22 of the State Bank of India Services Rules which reads as under 22.
It was companytended that under Clause 22 i b , because of the removal from service and he is entitled to the pension.
A member who has attained the age of fifty five or who shall be proved to the satisfaction of the authority empowered to sanction his retirement to be permanently incapacitated by bodily or mental infirmity from further active service such infirmity number being the result of irregular or intemperate habits may, at the discretion of the trustees, be granted a proportionate pension.
A member who has been permitted to retire under clause 1 c above shall be entitled to proportionate pension.
After twenty five years pensionable service.
That was companyfirmed by the Division Bench.
Leave granted.
He also further companytended that one Mr. C.C.M. Nambiar, who was similarly situated and removed from service for service for misconduct, was given the benefit on the said advice.
In other words, for voluntary retirement, on companypletion of 20 years of pensionable service, clause c of Rule 22 1 gets attracted.
