CASE ON ENHANCED GRATUITY BEFORE APEX COURT

[mohan p]

FOR INFORMATION:

Before the Hon’ble Supreme Court of India, New Delhi.

Civil Appeal No. 6727 of 2018  Paul Francis Ambooken & Another -      Petitioner

 Versus  

The State Bank of India & Others   -      Respondents

 

The above  case was listed for final hearing on  24th February 2022 as item No. 110 before their Lordship Hon’ble Mr. Justice Sanjay Kishan Kaul and Mr. Justice M.M. Sundresh, Court No.6, Supreme Court of India.

Case is based on,discrimination happened due to the arbitrary fixing of cut of date for Gratuity benefit as 24.05.2010 instead of 01.01.2006; and at the same time other PSUs and central govt. undertaking had given enhanced gratuity to its employees.

 Thus the Hon’ble Supreme Court heard and responded that the fixing of the cut of date for disbursing the enhanced gratuity is the discretion of employer as rightly, concurrently and consistently upheld by the Hon’ble High Court.

In view of the above, the Hon’ble Apex court opined that it is not going to disturb the judgment of the Hon’ble High Court.

The case stand dismissed on 24.02.2022.

 

[JSOMA SHEKARA]

Surprising. Bombay high Court judgment says such cut off date excluding a group of pensioners from benefits based on cut off date is discriminatory referring D S Nakara Judgment.

Excerpts

"The petitioner and others placed in similar situation and those who retired on or after 1st January 1996 form only one homogeneous class as a whole and therefore they all cannot be bifurcated or divided into two groups for the purpose of giving more financial benefits to one segment than the other. The classification has to be based on some rational principle and the rational principle, as already said, must have nexus to the objects sought to be achieved. Division is, thus, both arbitrary and unprincipled. Therefore, the classification does not stand the test of Article 14 of the Constitution of India.
22 In view of the above and for the reasons stated above, we are of the considered opinion that the issue in the present writ petition is squarely covered by the decisions of the Hon'ble Supreme Court in the case of D.S.Nakara (supra) and All Manipur Pensioners Association (supra). The decisions (supra) apply with full force to the facts of the case on hand.

FULL JUDGMENT ATTACHED

Whether article 14 of the constitution does not apply to bank retirees?

--
Visit our blog site http:://bankpensioner.blogspot.com
---
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
To unsubscribe from this group and stop receiving emails from it, send an email to bankpensione...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAMCbyDQwEHwzLBa22JF_st2KAB2Cd4s2QjBbe79%3DwAtmwPsdbA%40mail.gmail.com.