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State Bank of India & Ors. v. Sheo Shankar Tewari

Special Leave Petition (Civil) · 2019 INSC 164Decided 8 Feb 2019
Special Leave Petition (Civil) No. 30335 of 2017
Justice Uday Umesh Lalit · Justice Indu Malhotra

Background

This is a referral order, not a final judgment. The respondent sought compassionate appointment after the death of his father, a bank employee. The question was whether the scheme in force when he applied or the later scheme in force when the application was considered should apply.

Decision Breakdown

This is a referral order, not a final judgment. The Court found its earlier two-judge decisions inconsistent: State Bank of India v. Raj Kumar and MGB Gramin Bank v. Chakrawarti Singh on one side, and Canara Bank v. M. Mahesh Kumar on the other. It directed the Registry to place the papers before the Chief Justice of India for a bench of at least three judges.

Lesson Learnt

There is no final ruling yet. Which compassionate appointment scheme applies was left to a larger bench.

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

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