IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD WEDNESDAY, THIS THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.22754 OF 1999 Between: T.V. Chalapathi Rao S/o. Ramanaiah and Others …. Petitioners AND The Managing Director, State Bank of Hyderabad, Hyderabad and another …. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.22754 OF 1999 ORDER: In this Writ Petition, the petitioners are seeking benefit under Regulation 26 of the State Bank of Hyderabad (Employees’) Pension Regulations 1995 (for short ‘the Regulations 1995’), which reads as under: “ 26. Addition to qualifying service in special circumstances:- An employee shall eligible to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one fourth of the length of his service or the actual period by which his age at the time of recruitment; exceeded the upper age limit specified by the Bank for direct recruitment or a period of five years, whichever is less, if the service or post to which the employee is appointed is one- (a) for which post-graduate research, or specialist qualification or experience in scientific, technological; or professional fields, is essential; and (b) to which candidates of age exceeding the upper age limit specified for direct recruitment are normally recruited; (c) for which the candidate was given age relaxation over and above the maximum age limit fixed by the Bank on account of his possessing higher qualifications or experience: Provided that this concession shall not be admissible to an employee unless his actual qualifying service at the time he-quits the service in the Bank is not less than ten years; Provided further that this concession shall be admissible if the recruitment rules n respect of the said service or post contain specific provision that the service or post is one which carries benefit of this regulation; Provided also that the recruitment rules in respect of any service or post which carries the benefit of this regulation shall be made with the approval of the Central Government.” 2. This Regulation, admittedly, was made applicable to all the banks with effect from 01-11-1995. Regulation 26 of the Regulations, 1995 is paramateria similar to that of the Rule 30 of the CCS (Pension) Rules, which reads as under: “30. Addition to qualifying service in special circumstances: (1) A Government servant who retires from a service or post after the 31st March, 1960, shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeded twenty-five years or a period of five yeas, whichever is less, if the service or post to which the Government servant is appointed is one-- (a) for which postgraduate research, or pecialist qualification or experience in scientific, technological or professional fields, is essential; and (b) to which candidates of more than twenty-five years of age are normally recruited: Provided that this concession shall not be admissible to a Government servant unless his actual qualifying service at the time he quits Government service is not less than 10 years: Provided further that this concession shall be admissible only if the Recruitment Rules in respect of the said service or post contain a specific provision that the service or post is one which carries the benefit of this rule. Provided also that this concession shall not be admissible to those who are eligible for counting their past service for superannuation pension unless they opt before the date of tier recruitment, which option once exercised shall be final, for the weightage of service under this sub-rule forgoing the counting of the past service. (2) A Government servant who is recruited at the age of thirty-five years or more, may, within a period of three months from the date of his appointment, elect to forgo his right to pension whereupon he shall be eligible to subscribe to a Contributory Provident Fund. (3) The option referred to in sub-rule (2) once exercised, shall be final.” 2. When the petitioners joined service of respondent No.1 Bank, petitioner No.1 was working in the Agricultural University and petitioner Nos.2 and 3 were working in the Department of Agriculture with M.Sc. (Agriculture) as a specialized qualification. When they sought to be recruited into the services of respondent No.1 Bank, the services rendered by them in the previous departments were given credit to, for the purpose of reckoning maximum age etc. 3. Learned counsel for the petitioner submits that when the Regulation 26 of the Regulations, 1995 and Rule 30 of the CCS (Pension) Rules are paramateria, the petitioners are entitled for the benefit of Regulation 26 of the Regulations 1995 for the purpose of claiming pension and that the services rendered by them in the Agricultural University and the Department of Agriculture shall have to be taken into consideration for the purpose of reckoning the pension. In this regard, he relied upon a judgment rendered by the High Court of Madras in THIRIKOODA RAJAPPAN P. v. MANAGING DIRECTOR, VIJAYA BANK, BANGLORE[1] (Writ Petition No.14364 of 1997), wherein the similar Regulation 26 had come up for consideration and the Court held that the petitioners therein who are the employees of Vijaya Bank are entitled for the benefit of the Regulation 26 of the Regulations, 1995. 4. In view of the above, the Writ Petition is allowed as prayed for. There shall be no order as to costs. ______________ C.V. RAMULU, J February 10, 2010. KTL [1] 2004(4) MLJ 313