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Supreme Court of India 2026-04-08 dismissed

K.G. Seshadri vs The Trustees of State Bank of India and Anr

Bench: 2 — Prashant Kumar Mishra, N.V. Anjaria

In Brief

An SBI employee who left for abroad in 1989 without authorization was declared to have "voluntarily abandoned" service in 1998. He later sought pension benefits, claiming 20+ years of service. The Supreme Court dismissed his appeal, holding he did not qualify for pension under the SBI Employees' Pension Fund Rules. Pensionable service is calculated from confirmation (1979), not appointment, giving him only 19 years, 9 months—falling short of the 20-year requirement. He also failed to meet the mandatory age of 50. Critically, "voluntary abandonment" due to unauthorized absence is not equivalent to "voluntary retirement," so he could not claim retirement-based pension benefits. The Court clarified that Labour Courts cannot adjudicate disputed pension entitlements; they can only compute established rights.

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Service Law Pension Law Industrial Disputes Act Labour and Employment Law Administrative Law Statutory Interpretation

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