Sundararajan 31 August 2017

Whether madras high court division bench judgement applicable to all similarly placed employeesof SBI?

In a landmark Judgement dated 16.02.2015, Madras HC Division Bench in S.Shanmugavel vs SBI, (WA 1483/2014 ) ordered SBI to reckon date of initial appointment into service for calculation of Pensinable Service, and not from date of Confirmation. Subsequently Honorable Supreme Court dismissed the SLP filed by SBI and upheld the Madras HC Division Bench Judgement, Order dated 06.07.2015 stating 'the question of Law raised is Left Open". When I have approached the SBI to apply the Madras HC Bench Judgement (based on Five Bench Constitutional Judgement Direct Recruit Officers Association vs State of Manharashtra) and pay me Pension, SBI conveyed me that the Judgement is not applicable to all and only to the Petitioner and rejected my claim. The Madras HC Judgement has not mentioned that the Judgement is only applicable to S.Shanmugavel and not applicable to all. Kindly clarify the Law to enable me get my Pension.

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3 Replies

Siddharth Srivastava (Advocate) 31 August 2017

Judgement would affect to the parties involved in the case but in similar situation the judgement would be guiding factor.

Kumar Doab (FIN) 31 August 2017

The establishment by its own common sense and per legal opinion can take decision in similar cases..........

If it does not you have the copies of judgment and as per your post ratio of judgment is applicable in your case...............so you can seek relief per judgment.

Sundararajan 31 August 2017

Thanks2 both of u for ur prompt reply. If someone can help me what Law says about " Law raised is left open"? Will it won't affect me till such time, the interested party , SBI, takes steps to get clarified.