• Reinstatement from SBI to CBEC after resignation

Case details- 
Jat obc notification dt. 04.03.2014 by GOI.
SC interim order dt 09.04.2014 " any action pursuant to impugned notification subject to outcome of writ petition no. 274 of ram Singh and other vs UOI".
I was earlier in CBEC as general candidate. informing them for written and taking NOC for interview in SBI, later on give resignation which was accepted and relieved from CBEC on 26.12.2014.
I join SBI as OBC candidate on 29.12.2014.
SC give final judgement dt. 17.03.2014 " Jat OBC notification has been set aside and quashed. Writ petitions are allowed accordingly."
Recently SBI has started to give termination letter to all those JAT candidates who has been selected on OBC quota after 10 months of service, after consulting with ministry of finance, DOPT, dept.of legal affairs.
Now I am lossing both this job and past job as well as my age surpassed  to appear for government jobs.
Question 1. Who will be respondents in this case GOI, SBI or both?
Question 2. Will SC blame me for this that I should be aware of subjudice or if blame SBI as negligency has been throughout the recruitment process without making provision for jat obc candidates or withheld result.
Question 3. If we are eligible to be in SBI after that judgement? ( SC has mentioned in other such cases that no vested right were given, if any vested right that would be subject to outcome of writ petition 274 of ram Singh and other vs UOI").
Question 4. If I would not be in SBI , can I get reinstatement/ resituation to my previous job in CBEC because these are consequences of extraordinary circumstances which are not in my control? ( I was on probation in both the jobs. Previous was GOI job while SBI is GOI undertaking job. So no technical resignation, only proper information followed)
Question 5. Who has the discretionary power to reinstate me, can I hope this justice from court to direct GOI to do so or sit at home and be a victim of all these circumstances of Jat obc notification done by ministry of social justice and empowerment, GOI and set aside by SC.
Asked 1 year ago in Civil Law from Charkhi Dadri, Haryana
1) GOIand SBI would be parties in case you challenge your termination of service 

2) you would not be eligible to be reinstated in SBi 

3) you will not be reinstated in CBEC as your resignations has been duly accepted 

4)  you will not be reinstated by CBEC 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1) you won't be granted age relaxation 

2)SC can grant relief for those who were previously employed but chances are remote 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. Who will be respondents in this case GOI, SBI or both?
Both can be made respondents.


Question 2. Will SC blame me for this that I should be aware of subjudice or if blame SBI as negligency has been throughout the recruitment process without making provision for jat obc candidates or withheld result.
Ignorance of law cannot be claimed as excuse.



Question 3. If we are eligible to be in SBI after that judgement? ( SC has mentioned in other such cases that no vested right were given, if any vested right that would be subject to outcome of writ petition 274 of ram Singh and other vs UOI").
The referred verdict is clear 


Question 4. If I would not be in SBI , can I get reinstatement/ resituation to my previous job in CBEC because these are consequences of extraordinary circumstances which are not in my control? ( I was on probation in both the jobs. Previous was GOI job while SBI is GOI undertaking job. So no technical resignation, only proper information followed)
No


Question 5. Who has the discretionary power to reinstate me, can I hope this justice from court to direct GOI to do so or sit at home and be a victim of all these circumstances of Jat obc notification done by ministry of social justice and empowerment, GOI and set aside by SC.
No automatic reinstatement.




1. Cant I hope for age relaxation as a relief at least coz I passed age for government jobs in this issue?
Try your luck


2. If SC cant pass order for those victims who were previously employed as a relief?
Supreme court is not a saviour for such things.

3. If Minister and officer who issue this notification of jat reservation won't be penalised by SC ?
No

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1. The GOI will be the respondent.

2. What the SC will say cannot be foretold by any of us. It is advisable that instead of moving the SC individually all the affected persons should collectively move the court. 

3. The action taken by the govt pursuant to the notification was liable to be invalidated after the Supreme Court set aside as illegal jat quota. You had no vested right. The facts and circumstances of every case are different.

4. You resigned from CBEC, which was accepted. So there is no question of reinstatement.

5. SC can do anything but it exercises judicial power in a judicious manner.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Both should be parties to any application filed by you,

2. Your not knowing about the court interim order is no excuse for claiming back your employment,

3. No, you can not claim your employment in SBI back,

4. You have resigned from CBSE and have been released. You can not in any circumstances claim back your employment there,

5. You can file a W.P.against the GOI for ruining your life since you already had employment as general candidate praying for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. It is your sheer bad luck for which you hare suffering for no fault of yours,

2. Get in touch with other such sufferers and jointly file a W.P. before the High court for relief which may include reinstatement in employment where you had joined as general candidate and/or relaxation of age

3. You have a fit case to pray for justice.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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