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Assistant General Manager, State Bank of India & Ors. v. Radhey Shyam Pandey

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2463 of 2015)Decided 26 Feb 2015
Civil Appeal No. 2463 of 2015
Justice Dipak Misra · Justice V. Gopala Gowda

Background

This is a split decision, not a final judgment. The question was whether State Bank of India employees who took voluntary retirement under the SBI Voluntary Retirement Scheme, 2000 after 15 or more years of service are entitled to pension. The Bank appealed against High Court judgments in the employees' favour, and four sets of appeals were heard together.

Decision Breakdown

This is a split decision, not a final judgment. Justice Dipak Misra held that such employees are not entitled to pension, set aside the High Court judgments and allowed the Bank's appeals. Justice V. Gopala Gowda disagreed, held that the employees are entitled to pension and dismissed the Bank's appeals. The decision contains no joint order and does not record a reference to a third judge or a larger Bench.

Lesson Learnt

There is no final ruling yet on whether these employees are entitled to pension. When two judges reach opposite conclusions, neither opinion is the Court's settled word on the appeal.

Official source (sci.gov.in)View Judgment (PDF)

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