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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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 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
Full Case Text
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