deepak kumar 24 October 2015

reinstate from bank to govt service

Dear Sir, I have been relieved from cbec,GOI after my intimation to join SBI, GOI Undertaking. I had taken NOC to appear for written and interview in SBI,mentioning that I will be relieved from cbec on account of my selection in SBI, and later on relieved on 26.12.2014 and I join SBI on 29.12.2014. Supreme court gives a judgement in writ petition 274 that notification bearing no. 63 dated 04.03.2014 of Jat OBC benefit reservation from GOI has been set aside and quashed from its inception. Now SBI has started to terminate all those jat candidates who has taken appointment in SBI on OBC category after more than 10 months of service. If there is any provision/ law or discretionary power in Supreme Court/GOI/appointing authority to reinstate to my previous department job in CBEC, because for the reason I have resigned from previous job has been terminated on extraordinary circumstances which are not in my control? Who can do the same and the procedure for it? JAT OBC reservation was set by ministry of social justice & empowerment and rejected by Supreme court, but it has victimised me. I was on probation both in CBEC,GOI and at present in SBI, GOI undertaking both under ministry of finance.

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5 Replies

Kumar Doab (FIN) 24 October 2015

This is highly unfortunate.

This is an executive/admin order after the judgment by apex court.

Did the judgment order that all appointed employees be terminated?

All affected employees may unite and form a collective union.

What is the opinion of bank Employee's unions in this case?

deepak kumar 24 October 2015

This termination is taken by SBI after SC judgement dt. 17.03.2015 clarification from legal experts and government of India. Though affected candidates have united and going to file writ petition in SC, but chances are very high that we have to go out of SBI. But can I join my previous central government job in general category. If this can I hope as a relief from SC because for the purpose I left previous job has been nullified and these were not in my control.

Kumar Doab (FIN) 24 October 2015

The relief will be from court of law only.

Right to earn livelihood is enshrined in constitution.

Kumar Doab (FIN) 24 October 2015

Vide the judgement

dated 17.3.2015

the Apex Court has decided that 'notification bearing No. 63 dated 4.3.2014 including the Jats in the Central List of Other Backward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, NCT of Delhi, Bharatpur and Dholpur Districts of Rajasthan, Uttar Pradesh and Uttarakhand is set aside and quashed.'


Your counsel may opine that the decision is opertaive from the date of judgment.

What is the opinion of your counsel.

deepak kumar 25 October 2015

Justice rangan gagoi has not mentioned any decision taken before judgement dt 17.3.2015. Though in later I.A. Writ petitions he denied all cases saying " no vested rights were given, if any vested rights given subject to outcome of the writ petition." So I will not be anymore in SBI. Supreme court is not a saviour of my previous job too as my resignation has been accepted there. Where and how will I get justice then. I along with my family is in mental trauma, financial crisis, socially humiliated, blamed by neighbours on my integrity of past jobs which I cant proof in court. So what should I do, everything lost and victimised, it seems I won't get justice and .....