TMI Blog1998 (3) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice of the Bank on attaining the age of fifty-eight years or upon the completion of thirty years' service or thirty years' pensionable service if he is a member of the Pension Fund, whichever occurs first: Provided that the competent authority may, at its discretion, extend the period of service of an officer who has attained the age of fifty-eight years or has completed thirty years' service or thirty years' pensionable service as the case may be, should such extension be deemed desirable in the interest of the Bank, so however, that the service rendered by the officer concerned beyond 58 years of age except to the extent of the period of leave due at that time will not count for purpose of pension: Provided furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia has to be treated as 26-10-1965 and that the second proviso to Rule 19(1) would not be applicable in his case and he would be entitled to be considered for grant of extension of service under the first proviso to Rule 19(1). The said contention of the respondent was accepted by the learned Single Judge of the Andhra Pradesh High Court and the writ petition filed by the respondent was allowed and the appellant was directed to consider the case of the respondent for extension of service in accordance with the first proviso to Rule 19(1) of the Service Rules. The letters patent appeal filed by the State Bank of India against the said judgment of the learned Single Judge has been dismissed by the Division Bench of the High Court by the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in terms of relevant government instructions. The fact that ex-ECOs/SSCOs are allowed to refund the amount of gratuity/pensioners benefits so as to count their service in the military service for the purpose of pension in the Bank will not affect the retirement age which will be decided only on the basis of their actual date of joining in the Bank. Shri Subramaniam has also placed before us the decision of the Kerala High Court dated 1-4-1997 in Dy. G.M., State Bank of India v. P. Ramadas, WP No. 568 of 1997 wherein a view contrary to that taken by the Andhra Pradesh High Court in the impugned judgment has been taken and it has been held that the benefit granted under Rule 6 of the 1971 Rules cannot be extended for the purpose of exten ..... X X X X Extracts X X X X X X X X Extracts X X X X
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