Allowed

Anand Swaroop Verma v. State Bank of India and 3 Others

Allahabad HC21 Dec 2021SPLA/80/2019

Case brief

AI extract

What is this about?

In this special appeal, the Chief Justice's Court set aside an order dismissing a writ petition concerning pension eligibility. Applying the Supreme Court's judgment in Assistant General Manager Vs. Radhey Shyam Pandey, the Court held that the appellant is entitled to pension despite the exclusion of probationary periods.

What did the court decide?

The impugned order dismissing the writ petition was set aside, and the appeal was disposed of in terms of Radhey Shyam Pandey's case, confirming the appellant's entitlement to pension.

Anand Swaroop Verma Vs State Bank of India… — Pension and Retirement Benefits | Allahabad HC (2021)

¶1

Serial No. 308

¶2

Chief Justice's Court

¶3

Case :- SPECIAL APPEAL No. - 80 of 2019

¶4

Appellant :- Anand Swaroop Verma Respondent :- State Bank of India and others

¶5

Counsel for Appellant :- Mr. Bhanu Bhushan Jauhari, Advocate Counsel for Respondent :- Mr. Pankaj Srivastava, Advocate

¶6

Hon'ble Rajesh Bindal,Chief Justice Hon'ble Piyush Agrawal,J.

¶7

Challenge the in the present appeal is to the order dated December 20, 2018 vide which the writ petition filed by the appellant was dismissed. Claim made by the appellant was that he is entitled to receive pension after exercising his right for voluntary retirement, as he had completed 20 years' service. The claim was rejected by the Bank on the ground that the period of probation is not to be counted for computation of duration of service.

¶8

Learned counsel for the appellant has referred to the a judgment of Hon'ble the Supreme Court in Assistant General Manager and others Vs. Radhey Shyam Pandey (2020) 6 SCC 438 stating that when the employees of the Bank, who had completed 15 years or more service as on the cut off date, are held entitled for proportionate pension under the Scheme of voluntary retirement of S.B.I. He submitted that the issue raised by the appellant in the present appeal is squarely covered by the judgment of Supreme Court in Radhey Shyam Pandey's case (supra) and the same can be disposed of in terms thereof. Petitioner has admittedly completed 15 years of service.

¶9

Learned counsel for the respondents fairly submitted that the present appeal may be disposed of in terms of aforesaid judgment of Hon'ble Supreme Court.

¶10

After hearing learned counsel for the parties and considering the fair stand taken by them, the impugned order passed by the learned Single Judge is set aside. The appeal is disposed of in terms of the judgment in Radhey Shyam Pandey's case (supra).

¶11

Date :- 21.12.2021 Manish Himwan/P.Sri.

¶12

(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)

Anand Swaroop Verma v. State Bank of India and 3 Others

Case brief

What is this about?

What did the court decide?

Anand Swaroop Verma v. State Bank of India and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Director of Education (Secondary) and 3 Others Vs Dhyan Pal Singh and Another

Tek Ram and 2 Others Vs State of U.P. and 2 Others

Zaheer and 13 Others Vs State of U.P. and 2 Others

Ghanshyam @ Ghanshyam Das Kaushik Vs State of U.P. and 3 Others

Ramchandra @ Ram Chandra Singh Vs State of U.P. and 3 Others

Ramakant Vs State of U.P. and 4 Others