STATE BANK OF INDIA & ORS. versus SHEO SHANKAR TEWARI

STATE BANK OF INDIA & ORS. versus SHEO SHANKAR TEWARI

The principles regarding which scheme governs the consideration of applications for compassionate appointment are inconsistent and irreconcilable in existing Supreme Court precedents. The legal issue requires resolution by a larger Bench.

Parties
Petitioner: State Bank of India & Ors.; Respondent: Sheo Shankar Tewari
Jurisdiction
India
Judgment Date
08 February 2019
Procedural Posture
Special Leave Petition (civil) No. 30335 of 2017 / Reference to Larger Bench
Outcome
Matter referred to larger Bench
Legal Topics
Compassionate Appointment, Ex Gratia Payment, Substitution of Employment Schemes, Vested Rights in Compassionate Appointment

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Parties

State Bank of India & Ors.

Petitioner

Sheo Shankar Tewari

Respondent

Procedural Posture

Special Leave Petition (civil) No. 30335 of 2017 / Reference to Larger Bench

  1. 1 Which scheme governs compassionate appointment applications: the scheme in force at the time of application or the scheme in force at the time of consideration?
  2. 2 Whether replacement of compassionate appointment scheme with an ex gratia payment scheme affects pending applications

Ratio Decidendi

The principles regarding which scheme governs the consideration of applications for compassionate appointment are inconsistent and irreconcilable in existing Supreme Court precedents. The legal issue requires resolution by a larger Bench.

Court Disposition

Matter referred to larger Bench

Orders

  • Registry directed to place papers before the Chief Justice of India for constituting a Bench of appropriate strength to dispose of the petition