• SBI terminating Jat candidate

Case details- 
Jat obc notification dt. 04.03.2014 by GOI.
SC interim order dt 09.04.2014 " we are prima much satisfied that government has taken this decision on material grounds. No stay is granted on Jat OBC quota. Any action pursuant to impugned notification subject to outcome of writ petition no. 274 of ram Singh and other vs UOI".
A few of us are fresher in government job while a few of us were earlier employed in govt. Sector as general candidate. informing them for written and taking NOC for interview in SBI, later on give resignation which was accepted and relieved from respective past employer on only to join SBI, while a few were having confirmed selection in alternate jobs in general category and opted not to join there even after receiving appointment letter and stick with SBI job, we have written proof of alll these documents.
We have joined SBI as OBC candidate on 29.12.2014 Prior to SC final judgment.
SC give final judgement dt. 17.03.2014 " Jat OBC notification has been set aside and quashed. Writ petitions are allowed accordingly."
Further to add, there were IA being filled by jat applicant of medical steam and IBPS to SC which were rejected," though efforts have been made to make our judgment prospective. Invocation of prospective overruling lies with discretion of court. As none of applicants, though may have been selected has been issued appointment letter so our judgment will apply. No vested right were given, if any subject to outcome of writ petition."
GOI has also issued notice to the jat applicants to change their category from general to obc in DU, JNU admission for session 2014
My questions are:
1. Our appointing and terminating authority is the circle head office i.e. Mumbai, Delhi, Chandigarh, Ahmedabad etc. so can we all file a case together against SBI ?
2. Mumbai circle has already terminated 4 employees, Ahemedabad has issued a notice and rest of the circle have only informed unofficialy, will this have any effect ?
3. Should we file an IA or should we go through art 32 ?
4. If we go through IA, do we have locus standii ?
5. There are students in DU and JNU who have taken admission under OBC quota for jats, no action is being taken against them and we are singled out, if we raise this point will it help us ?
6. Many of us has taken a lump sum amount for buying furniture or electronics, which we have to return only if we leave the service befor 5 years. Also many of us have taken loans under staff rate of interest. Can any relaxation be claimed as we are not leaving service on our will, regarding these ?
7. Can we claim any monetary compensation in case we have to leave the service ?
8. We know that there is no such law or statue to reinstatement to past job when resignation has been accepted nd relieved. Plus to have alternative jobs appointment once we not choose them. But these actions are taken by us merely on believing GOI policy. Now SC can grant separate relief to these if we go through IA or we have to choose Writ petition only for such a relief?
9. If this is more relating to constitution matter / service matter or both? Please suggest sr. Adv. In supreme court for our justice.a few we have lists namely PP RAO, SHYAM DIVAN, RAJEEV DHAWAN, INDIRA JAISING.
Asked 1 year ago in Constitutional Law from Meerut, Uttar Pradesh
1) all candidates if they desire to challenge termination order should move SC 

2) it is doubtful that SC would entertain your IA 

3) you wont get any relaxation for return of the consumer goods purchased by you 

4) no monetary compensation would be payable as it was made clear that appointment if any would be subject to the outcome of writ petition 

5)you cannot be reinstated to past job as you voluntarily submitted your resignation 

6) you can contact any of the senior advocates mentioned by you for filing writ in SC 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Our appointing and terminating authority is the circle head office i.e. Mumbai, Delhi, Chandigarh, Ahmedabad etc. so can we all file a case together against SBI ?
All candidates desirous of giving a fight back can join together and file the intended case.


2. Mumbai circle has already terminated 4 employees, Ahemedabad has issued a notice and rest of the circle have only informed unofficialy, will this have any effect ?
Wait and watch



3. Should we file an IA or should we go through art 32 ?
It i doubtful that a petition under the said article will be entertained by supreme court



4. If we go through IA, do we have locus standii ?
What locus standi?



5. There are students in DU and JNU who have taken admission under OBC quota for jats, no action is being taken against them and we are singled out, if we raise this point will it help us ?
It may sometimes spoil their candidature.



6. Many of us has taken a lump sum amount for buying furniture or electronics, which we have to return only if we leave the service befor 5 years. Also many of us have taken loans under staff rate of interest. Can any relaxation be claimed as we are not leaving service on our will, regarding these ?
Relaxation cannot be claimed on this ground.



7. Can we claim any monetary compensation in case we have to leave the service ?
No monetary compensation is admissible.



8. We know that there is no such law or statue to reinstatement to past job when resignation has been accepted nd relieved. Plus to have alternative jobs appointment once we not choose them. But these actions are taken by us merely on believing GOI policy. Now SC can grant separate relief to these if we go through IA or we have to choose Writ petition only for such a relief?
Reinstatement to past job cannot be admissible once you have already resigned and quit that job.



9. If this is more relating to constitution matter / service matter or both? Please suggest sr. Adv. In supreme court for our justice.a few we have lists namely PP RAO, SHYAM DIVAN, RAJEEV DHAWAN, INDIRA JAISING.
You can approach any one of them named in your list or can approach any other lawyer whom you feel more competent than anyone, choice is yours. 


T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. A class action can be launched against SBI.

2. What is the relief you wish to obtain through Art.32 or IA? The SC will not grant any relief outside the periphery of its final order and judgment whereby and whereunder it has quashed the Jat reservation.

3. The locus standi is there if you are aggrieved by the judgment.

4. The govt is not permitted to make a classification between the  students who are to be proceeded against. The order of the SC is to be enforced without discrimination across the board.

5. A limited claim for compensation against the govt through a civil suit can be made by the aggrieved as it is the duty of the govt to make a policy which is in tune with the constitutional provisions.

6. Reinstatement cannot be claimed once resignation has been tendered with free consent and accepted by the employer.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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