[2008] 6 S.C.R 762

I A

B.L. ARORA ', ...

CHAIRMAN AND MANAGING DIRECTOR,

SYNDICATE BANK (Civil Appeal No. 2904 of 2008)

APRIL 22, 2008

(DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.)

Service Law .. ,

Syndicate Bank (Employees) pension Regulations, 1995, Regulation 2410. M. No. 9120169-ECTT dated 26. 8. 1971 and O.M. No.10147186-SCT(B) dated 10.11.1986 issued by the Ministry of Finance, Government of India. Pension - Counting of past service rendered in Army - Held: An D employee of bank is entitled to the benefit of military pension, if any, but not entitled to get the military service rendered to !Je *-., counted as qualifying service for the purpose of pension -

Various communications, as allegedly issued by he Government of India, also do not throw any light on the aspect E of pension.

Appellant joined short Service Commission in the Indian Army and later joined as junior officer in the respondent-bank. In the year 2001, he opted for voluntary

F retirement claiming to count the services rendered by him in the Army for the purpose of fixation of pension and computation of gratuity. The claim was rejected by the .._ .. authorities in terms of Regulation 24 of the Syndicate Bank (Employees) Pension Regulation, 1995. The incumbent challenged the order of the authorities by filing a writ G petition, which was dismissed by the High Court. Hence the present appeal.

Appellant-employee contended that ti1are was no reason/basis to exclude military service wh!le computing

H 762

B.L. ARORA v. CHAIRMAN & MANAGING DIRECTOR, 763

SYNDICATE BANK

~ the pension when such period of service was counted A for the purpose of seniority and scale of pay.

Respondent-employer submitted that in view of the clear stipulation in Regulation 24 of the .Syndicate Bank (Employees) Pension Regulations, the claim made by the B appellant is clearly unacceptable; ___,,_

Dismissing the appeal, the Court

HELD: 1.1 A bare reading of Regulation 24 of the Syndicate Bank (Employees) Pension Regulations, 1995 makes it clear that an employee is entitled to the benefit c of military pension, if any, but the military service is not to be counted as qualifying service for pension. Stand of the appellant is that because he was serving as short commissioned officer he is not entitled to the military pension. That in no way makes the position better. The D

~~ object of Regulation 24 is clear that the benefit is available for rendering service in the military has to be obtained from the army, if he is entitled to it. (Para - 7) [765-D,. E, F]

State Bank of India v. 0. Hanumantha Rao and Anr

(1998) 6 sec 183 - held inapplicable.

1.2 A bare reading of the communications of the Government, Ministry of Finance, Department of Economic Affairs, Banking Division, No.9/20/69-ECTT (C) dt. 26.8.1971 and No.10/47/86-SCT(B) dt. 10.11.1986, F

- ,.\

goes to show that they relate to only pay fixation and seniority and do not throw any light on the pension aspect. (Para - 8) [765-G; 766-A]

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2904 of 2008.

From the final Judgment and Order dated 05.04.2005 of

~- the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 5917 of 2003

Naveen R. Nath for the Appellant.

A A.B. Dail, Manish Chauhan, SumatiAnand, Gopal Kumar r and Raj iv Nanda for the Respondent.

The Judgment of the Court was delivered by

DR. ARIJIT PASAYAT, J. 1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the writ

,,__

petition filed by the appellant.

3. Background facts in a nutshell are as follows: c Appellant joined Short Service Commission in the Indian Army. There was an advertisement issued by the respondent- Syndicate Bank (hereinafter referred to as the 'Bank') inviting applications for the posts of Junior Officers. Out of the total number of posts, 25% posts were reserved for Ex. Emergency D Commissioned Officers/Short Service Commissioned Officers.

Appellant appeared in the written test and was declared

-j._,. qualified. He joined the Bank on 29.3.1976 on being released from armed forces. For the purpose of fixation of pay and promotion service, rendered by the appellant in armed forces E was taken into consideration in view of certain government instructions. Appellant opted for voluntary retirement in the year 2001 in view of a scheme framed by the Bank. Appellant thereafter made a claim that the period of military service should be taken into account for fixation of pension computation and

F gratuity. The claim was turned down by the Bank in view of

Regulation 24 of the Syndicate Bank (Employees) Pension Regulations, 1995 (in short the "Regulations"). The appellant

J.. - took the stand that in view of the Government of India's instructions dated 101h November, 1986, the period of military

G service should be included for the purpose of computing the pension. The High Court dismissed the writ petition holding that the benefit of earlier army service in terms of Rule 6 of The Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation on Vacancies)

H Rules, 1971 (in short 'Rules') and Memorandum dated

B.L. ARORA v. CHAIRMAN & MANAGING DIRECTOR, 765

SYNDICATE BANK [DR. ARIJIT PASAYAT, J.] '" 21.9.1993 are restricted to the limited purpose of seniority and A pay fixation. . :

4. Learned counsel for the appellant reiterated the stands taken before the High Court. It was submitted that there was no reason or basis to exclude military service while computing the B entitlement of pension when such period of service was counted --+- for the purpose of seniority and scale of pay.

5. Learned couns.el for the respondents, on the other hand, submitted that in view of the clear stipulation in Regulation 24 the claim made by the appellant is clearly unacceptable. c

6. Regulation 24 reads as follows:

"24. MILITARY SERVICE:

An employee who has rendered military service before appointment in the Bank shall continue to draw the military D

~-.Ipension, if any, and military service rendered by the employee shall not count as qualifying service for pension."

7. A bare reading of Regulation 24 makes it clear that an employee is entitled to the benefit of military pension, if any, but E the military service is not to be counted as qualifying service for pension. Stand of the appellant is that because the appellant was serving as short commissioned officer he is not entitled to the military pension. That in no way makes the position better.

The object of Regulation 24 is clear that the benefit is available

F for rendering service in the military has to be obtained from the

~ army, if he is entitled to it. The decision in State Bank of India v.

D. Hanumantha Rao and Anr. (1998 (6) SCC 183) on which strong reliance is placed is of no assistance to the appellant.

The judgment was rendered in a different factual scenario. Stand of the appellant is that the government in various memoranda G extended service benefit in the matter of pay fixation and seniority. Reference is made to the communication of the Government of India, Ministry of Finance, Department of Economic Affairs, Banking Division No.9/20/69-ECTT (C) dt. l--. 26.8.1971 and F.No.10/47/86-SCT(B) di. 10.11.1986.

8. A bare reading of these communications goes to show that they relate to only pay fixation and seniority and do not throw any light on the pension aspect. It is submitted that at the relevant point of time the pension scheme was not in vogue in the Bank.

If any benefit was intended in the matter of pension as claimed s that could have been clearly spelt out in an appropriate office memorandum or circular. That has not been done. Therefore, the plea advanced has no substance.

9. Looked at from any angle the appeal is sans merit, deserves dismissal, which we direct.

10. The appeal is dismissed without any order as to costs.

S.K.S.

Appeal dismissed

,>.