NDLI: Assistant General Manager, State Bank of India & Ors. Vs. Radhey Shyam Pandey

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Voluntary Retirement Scheme Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law – Voluntary Retirement Scheme – Whether the respondent employees are entitled to pension on completion of 15 years of service as per the State Bank of India Voluntary Retirement Scheme (VRS framed in 2000) – Held: The Central Board of Directors of the SBI accepted the memorandum for making payment of pension, in case it was not accepting the proposal, in the memorandum it ought to have said clearly that it was not ready to accept the proposals of the Government and the Indian Bank Association (IBA) and rejects the same – However, once it approved the proposals referred to in the memorandum which were on the basis of IBA’s letter and Government of India’s decision it was bound to implement it in true letter and spirit – By accepting the same, binding obligation was created upon the SBI to make payment of pension on completion of 15 years of service – It cannot invalidate its own decision by relying on fact it failed to amend the rule, whereas other Banks did it later on with the retrospective effect – They cannot invalidate otherwise valid decision by virtue of exclusive superior power to amend or not to amend the rule and act unfairly and make the entire contract unreasonable based on misrepresentation – The scheme of contractual nature has to be read in the context and in the backdrop of facts and what has been resolved by the Board of Directors – There is no ambiguity with respect to the admissibility of pension when the memorandum and the scheme are read together – In case of ambiguity and even if two interpretations are possible in the backdrop of facts of the case, one in favour of the employee has to be adopted and any clarification, if it denies the benefit of pension, has to be held to be unenforceable, illegal and contrary to law – In the instant case, the eligibility clause, when read with clauses providing the benefit, i.e., clauses 5 and 6 of the scheme, leaves no room for any doubt and makes it clear the employee with 15 years of service were treated as eligible to claim the benefit of the scheme floated by SBI – Therefore, the employees who completed 15 years of service or more as on cut-off date were entitled to proportionate pension under SBI-VRS to be computed as per SBI Pension Fund Rules.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2020 INSC 238
Petitioner	Assistant General Manager, State Bank Of India & Ors.
Respondent	Radhey Shyam Pandey
SCR	[2020] 4 S.C.R. 814
Judgement Date	2020-03-02
Case Number	2463

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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