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[2025:RJ-JP:51440] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8256/2013 Shanti Lal Lodha, S/o Late Shri Vikram Singh Lodha, R/o 1, Manglam, Krishna Colony, Ram Nagar, Ajmer -305001. ----Petitioner Versus
1. The State Bank Of India Through Chairman, Corporate Development Office, Sbi Corporate Center, Sbi Bhawan, Madam Kama Road, Nariman Point, Mumbai - 400021.
2. D.m.d. Cum C.d.o., State Bank Of India, Corporate Development Office, Sbi Corporate Center, Sbi Bhawan, Madam Kama Road, Nariman Point, Mumbai - 400021. ----Respondents For Petitioner(s) : Mr. N.K. Bhatt For Respondent(s) : Mr. Vikram Singh and Ms. Nidhi Samodiya for Ms. Suruchi Kasliwal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 18/12/2025
1. Instant writ petition is preferred by petitioner with following prayer:
“This Hon’ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction: I) to quash and set aside the provisions of the Clause 15 of the Regulation 1995 upto the extent of the portion of prohibiting to count service tenure before appointment: of an employee on permanent basis in the service of SBBJ alternatively the Respondent may be directed to interpret the same that the continuous service tenure even before appointment on permanent basis in the Bank service is also
[2025:RJ-JP:51440] (2 of 3) [CW-8256/2013] countable towards qualifying service for the purpose of the payment of pension and other retiral benefits accordingly. I-A. To quash and set aside the provisions of the Clasue-2 (n) of the Regulation 1995 upto the extent of exclusion of the persons from the definition of employee except than those who have been employed in the service of bank on permanent basis and or persons employed either on daily wages basis or temporarily etc. may be included in the same provided they considered are as an employees in the arbitration awards named Sastry Award and Desai Award ii) to the respondent to count whole service tenure of the petitioner i.e. from the initial date of appointment dated 10.05.1975 for the purpose of payment of pension and other retiral benefits accordingly. iii) to grant 18% interest on the aforesaid amount. iv) to allow the cost of writ petition in favour of the petitioner.”
2.
Learned counsel for petitioner while referring and relying upon judgment dated 29.03.2019 in D.B. Civil Writ Petition No.5965/2007 titled as Satya Narain Singh Vs. State Bank of India submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order.
3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed in light of Satya Narain Singh Vs. State Bank of India (supra).
[2025:RJ-JP:51440] (3 of 3) [CW-8256/2013]
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation in light of ratio laid down in case of Satya Narain Singh Vs. State Bank of India (supra), but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.
5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended.
6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /521