Respected Sir,
Case details in brief:-
Jat obc notification issued by GOI dated 04.03.2014.
Writ petition no. 274 filed by ram Singh in SC to cancel it and put stay. Interim order passed by SC,"stay is not granted however any action taken pursuant to this impugned notification will subject to outcome of judgement." Dated 09.04.2014
I got OBC certificate issued by GOI dated 24.04.2014.
I was previously employed in CBEC in general category. I have taken NOC to appear in interview for SBI PO.on selection I resigned to join SBI which was accepted and relieved from cbec on 26.12.2014. I join SBI as PO on 29.12.2014 as obc candidate.
SC gives final judgement" the notification issued by GOI for jat obc reservation is set aside and quashed. The writ petitions are accordingly allowed." dated 17.03.2015. Judges not specify about its retrospective or prospective effect, neither saved actions already taken.
Now after more than 10 months of service in SBI, it has started to terminate all those Jat candidates who were appointed on obc quota as per notification issued by GOI on 04.03.2015 which was quashed by SC on 17.3.2015.
Now I am loosing not one but two government jobs in these circumstances which are not in my control.
Related kind of cases when filed by affected parties in I.A. to writ petition 274 has been rejected by SC mentioning ," no vested right were given, if any vested right were given it would subject to outcome of our judgement." and no relief was granted.
It seems as if we are also not going to have any relief to be in SBI if we go for I.A.in writ petition 274.
Plus as my resignation has been accepted by my previous employer and I was relieved, so I can not get back that job too.
So now I am the victim of issuance of that notification issued by GOI and no stay was imposed by SC in interim order and later on quashed by SC in final judgement.
Department of legal affairs, GOI has clarified SBI to terminate our services on quashing of that notification," once the law has been decided unconstitutional and ultra vires, its effect would be from the date of its inception. Since the SC has not saved the actions already taken, they are liable to be void thus our services are liable to be terminated.".
What should I do now. I am unemployed now. I have a family too.
I am suffering in this case, it makes me unemployed. Though decision was taken by me to choose SBI for better future leaving other option but that was valid and very much in force at that time and these circumstances are not in my control, I just believe on GOI. I was not a party in that writ petition.
If that notification does not exist from its inception and all actions taken are null and void then if it does not implies that we have not been issued obc certificate from first date and we had not applied as obc candidate in SBI and we have not selected either in SBI..means we are still and should be to our previous job...please help any provision any law any order kuch bhi karke please I want my job back if not Sbi then CBEC.
