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Supreme Court of India 2019-08-08 allowed

Zonal Manager, Bank of India, Zonal Office, Kochi & Ors vs Aarya K. Babu & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Bank of India appealed against a High Court judgment that quashed termination orders of two officers who lacked prescribed qualifications for Agricultural Field Officer positions. Although the officers did not meet technical recruitment criteria, the bank had permitted equivalence in similar cases and allowed their continuance. The Supreme Court allowed the appeals, directing the bank to offer fresh appointment to an equivalent post under Article 142 of the Constitution. The Court held that where an employer accepts non-prescribed qualifications in similar cases, later termination on technical grounds would be inequitable. The fresh appointment would count from the date of the new order with no retrospective benefits claimed.

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Constitution of India Article 142 Recruitment and Promotion Service Law Termination of Service Writ Jurisdiction Equity and Estoppel

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