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1998 (3) TMI 679 - SC - Indian Laws

Issues involved:
The issue involves the entitlement of extension of service after attaining the age of 58 years u/r 19(1) of the State Bank of India Officers' Service Rules.

Summary:

Issue 1: Entitlement for Extension of Service
The respondent, a Short Service Commissioned Officer in the army, sought extension of service after attaining 58 years based on the benefit of seniority, pay, and pension granted from his army service. The High Court allowed the extension, but the Supreme Court held that the legal fiction of earlier army service for limited purposes cannot be extended for service extension. Citing a Government communication and a Kerala High Court decision, the Court ruled that the retirement age is determined based on actual date of joining, not back-dated benefits. The appeal was allowed, setting aside the High Court judgments.

Conclusion:
The appeal was allowed, setting aside the judgments of the High Court, and the writ petition for extension of service was dismissed.

 

 

 

 

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