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Supreme Court of India 2019-02-08 remanded

STATE BANK OF INDIA vs SHEO SHANKAR TEWARI

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

The father of Sheo Shankar Tewari died while employed with State Bank of India in 2004. Tewari applied for compassionate appointment in 2005 under the then-existing scheme. Before his application could be considered, the bank introduced a new scheme replacing compassionate appointments with ex-gratia payment. The bank rejected his application citing the new scheme. The High Court accepted his challenge. The Supreme Court found conflicting precedents: some held the new scheme governs (no vested right), others held the original scheme applies (no retrospective effect). Unable to reconcile these irreconcilable principles, the Court referred the matter to a larger bench for authoritative resolution."

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Constitutional Law Service Law Compassionate Appointment Administrative Law Vested Rights Scheme Substitution

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