I am a retired pensioner from SBI. Madras HC Division Bench gave a judgement on 16.2.2015, (WA 1483/2014 S.Shanmugavel vs Sbi) that pensionable service to be reckoned from date of initial appointment and not date of confirmation. Madras HC bench judgement is based on Honble SC 5 bench Constitution judgement dt 2.5.1990. Madras HC judgement is upheld by SC Order on 06.07.2015, as under: "On the facts of the case we are not inclined to interfere with the impugned judgement of the Madras HC. The Special Leave Petition is dismissed. However, the question of Law raised is left open."
On my approaching SBI, based on the Judgement , SBI denied me pension stating the SC observation " The question of Law raised is left open".
Kindly advise me,
1) Whether the onus and responsibility of SBI to rectify the observation of SC? If not rectified, whether SBI is duty bound to honor the MS HC judgement till such time, they amend the rules and pay pension.
2) Any time limit to SBI to make any amendment or not, to comply with SC observation as 3 years already passed from SC order dt 6.7.2015.
3) Since Madras HC judgement is based on 5 bench Constitution bench judgement, whether the judgement is to be treated as "Judgement in Rem". The judgement categorically says , pensionable service of 20 years to be calculated from date of initial appointment and not from date of confirmation quoting Rule 22 of SBIEPF Rules 1955.
4) As I am retired in 2001, whether the above SC observation will be applicable to me.?
Request you to kindly guide me to enable me to get pension. Regards S.Sundararajan
