16] In so far as the judgment of the Apex Court on which Shri Deshpande, learned counsel for respondent bank has relied upon, is concerned, the facts in the said case are totally different. In the said case, as per the said scheme, an employee who had completed 15 years of service and who had attained the age of 40 years of age, was eligible to apply for voluntary retirement. The employee therein, who had completed 40 years of age, but not completed 15 years but who had completed only 13 years had applied for voluntary retirement. The said application was accepted and all retiral benefits were also granted to the employee. However, after having retired, he applied for pensionary benefits contending that he was entitled for grant of pension. The Tribunal had directed the bank to pay pension to the employee. Being aggrieved thereby, the bank had filed a petition before the High Court. The said writ petition was dismissed. In the Apex Court, while considering clause 28 of the Regulations, which provided that for being entitled to grant of pension, it was necessary that the employee must have rendered service for a minimum period of 15 years, allowed the SLP filed by the bank and reversed the finding of the Tribunal and the High Court. It could thus clearly be seen that in the said case, the employee was not eligible for grant of pension, inasmuch as, the regulations provided that the employee should have completed 15 years of service and he, in fact, had rendered only 13 years of
