Reinstatement with 50% back wages and continuity of service

Your questions attemted as under :-

1. Whether the continuity of service will include the consequential benifits which I might have availed during the period of  forced leaved of more than 21 years if I was continue in service?  or I shall have to claim it seperately  before High Court ?

And: Generally reinstatement means as if the removal never existed.

2. Shall I claim for medical benifits for me and my family during the pendency of appeal in High Court and Supreme Court  as applicable to the regular employee of SBI ?

Ans : You did nto get this reimbursement because of wrongful termination.  There is no stay against CGIT award (as apparent from your facts). Generally reinstatement means as if the removal never existed.

3. Shall I claim to deposit my accrued salary which is nearly 38 to 40 lacs to Fixed Deposit untill finalisation of this matter and ask to allow me to withdraw interest for the same periodically ?

Ans : Not understood what do you mena

4. Shall I ask the Court to pay me enhance salary under section 17 B of I D act, for  Rs.20,00/- p. m.  with an assurance to refund the excess amount over and  above to my last drawn salary of 1991,  My last  drawn salary was Rs.5,300/- which is not an adequet amount to survive me and my family ?

Ans : You have to make due and drawn statement.

5. My retirement will falls due on December, 2014. Shall I have to claim seperately for pension ? or it is implied in this order ?

Ans : Yes

6. I am looking for an advocate who can represent my case in its true letter and spirit before the Honourable High Court. Can you suggest any one from Ahmedabad ?

Ans : Sech one.

Dear  Mr. Sudhir Kumar,

Thank you so much for your initiative in my case and prompt reply.

In reply to my second point please note that Gujarat High Court had stayed my reinstatement and allowed an appeal of SBI subject to payment of my last drawn salary of 1991. In this circumstances shall I plead before Honourable High Court to allow me to reimbursed medical expenses incurred for me and my family as applicable to the regular award staff of SBI  in case of  emergency ? Please guide me.

In point no. 03, I want to say that presently the arrears accrued is of nearly 38 to 40 lacs as ordered by CGIT, but high court had stayed it till appeal is disposed off. In this circumstance, shall I plead before High court to allow me to draw only interest portion on my accrued arrears amount ? Please guide me.

Please reply in light of above clerification.

Thanks N Regards,

RASHMIKANT  DAVE

So now you are intimating that reinstatement is stayed by High Court.  Reveal any more hidden facts. if you want correct advise.

Dear  Mr. Dave,

please attach the judgement copy renderded by labour court.

please also furnish the order made by HC.

please tell us is it LPA/Writ Petition which is preferred by SBI in Gujarat High court.

all these needs to be revealed. then think of getting goog advice.

suppression of material facts will give you misleading advices. thus, don't conceal any material facts.

please reveal us. we will help you.

Mr. Sudhirji advice is infact legitimate and Perfect .

Regards,

Ravi

Dear Mr. Ravi,

Please find herewith two judgments given by single judge and division bench of Gujarat High Court.

The judgment of CGIT carries 18 pages and another judgment also carries 42 pages.  Here I can attach only 3 files at a time. So you are requested to let me know your e-mail id so taht I can arrange to send you the same.

Please advice me after go through it.

Thanks and regards,

R. G. DAVE.

You can create a zip file or attach the left over files in next post in this thread.

Dear Mr. Ravi,

Please find attached the judgment delivered by CGIT cum Labour Court, Ahmedabad as requested.

You are requested also to refer another judgment of labour court which had decalred the enquiry conducted by SBI as illegal and findings of enquiry officer as perversed to under my case properly. Becaused CGIT had not considered and evaluate the evidance properly.

Regards,

RASHMIKANT  DAVE.

Dear Mr. Ravi,

Please find here with attached the judgment of Mr. D. N. Barot. The enquiry conducted SBI was declared as illegal and finding of enquiry officer were perversed.

You are requested to study this judgment to understand my case in its right perspective.

Thanks once again, for showing your interest and providing  your valueable guidance.

RASHMIKANT DAVE

the judgement is very good and it is in your favour thus have you being reinstated or not

Dear Mr. K. Mahesh,

Thanks. Till now I had not been re-instated. The division bench of Gujarat High Court had stayed the reinstatement. I am now waiting for final hearing of the appeal filed by SBI and my counter claim.

You are requested to reply the points which I had raised in my first e-mail and let me guide, how I acn be re-instate back to my service at the earliest.

Once again, Thanks,

RASHMIKANT DAVE.