I joined the State Bank of India, hereinafter called the bank, in 1957 as a directly recruited officer. In 1963, the First National Emergency was declared and the Government made an announcement that all eligible citizens could volunteer for Army Service retaining a lien on their civilian jobs and without losing seniority or promotions during their Army Service. I volunteered for Army Service and was selected. The bank deputed me to serve in the Army as an Emergency Commissioned Officer. In 1967, the First National Emergency was lifted and I was released by the Indian Army. I returned to the bank. I rudely shocked and surprised when I found that my contemporaries and some juniors had been promoted, passing me over. I complained to the authorities. They told me that they did not consider my Army Service relevant to the work of the bank. I asked for an opportunity to see the Chairman of the bank but I was denied the opportunity on grounds that no purpose would be served by my seeing the Chairman. I felt frustrated and bitter but realizing that I had no choice, I continued to work hoping that a more patriotic and enlightened top management would take over the bank but nothing happened and I continued to work nursing my frustration. In 1974, I was sent on deputation again by the bank to work as a Lecturer at the Institute of Finance Management, Dar es Salaam, Tanzania. In 1980, after 5 years of the foreign assignment, I had to choose between returning to the bank and resigning. I chose to resign from the bank. After doing 2 international assignments as a freelance accountant, I returned to India in 1993. Soon after that, I filed a writ in Kerala High Court against the bank asking them to compensate me by treating my resignation in 1980 as retirement with pension benefits. The High Court directed the bank directed the bank to issue an order on my demand for compensation. The bank issued an order saying that I was not entitled to retirement benefits as I had not put in 25 years’ service and attained the age of 50 when I resigned. Actually, it was not my intention to ask the bank for retirement benefits as I had not retired but I had resigned. However, my advocate in Cochin misinterpreted the purpose of my writ. I wanted compensation for the bank’s omission to consider me for any promotion during the entire 4 year period of my Army Service. I had been submitting grievances to various authorities under the Prime Minister’s Grievance Procedure but they were invariably forwarded to the bank whose attitude has not changed over the last 50 years. They still maintain that my Army Service is not relevant to the work of the bank and my claim for compensation is untenable. I need legal assistance to obtain from the bank my legitimate expectations and want compensation for the effect on my emoluments from 1963 to 1980 as a result of the bank’s omission to consider me for promotions to which I was eligible during my Army Service and later.
Is it possible to file a writ in the Kerala High Court? Can you suggest a lawyer to represent me? I am 81. I don't have much time to wait.
Hi
It seems the concerned authorities are holding on some provisions favouring them.
You should file a writ Petition in the High Court and seek for a rule which can be practically helpful.
If there is no rule in place the establishment can be forced by a order by high court .
you had already filed writ in HC claiming compensation
2)the court had directed bank to pass orders on your demand for compensation
3) your claim for compensation was rejected by bank
4)bank passed an order saying that you were not entitled to retirement benefits as you had not put in 25 years’ service and attained the age of 50 when you resigned.
5) if you wanted compensation for not considering your army service for promotion you should have in said writ claimed such reliefs
6)after period of 24 years your writ may not be entertained and you would not be granted any reliefs by HC
there are number of lawyers on this website .
you can contact any lawyer from kerala in this regard
I realise that I was not entitled to terminal benefits as i had resigned and not retired. I should not have filed this writ at all. My Ernakulam advocate misinterpreted things and wrongly filed a writ for terminal benefits. As I had already given her a vakalat, it was out of my hands. I was not asked to sign the plaint. I don't think the time bar applies to my claim. Ram Rahim was convicted 15 years after he committed rape. Besides, I could not take any legal action when the bank overlooked me ignoring my Army Service on deputation from the bank because I had a wife and 3 children to support and I needed a job. I did not want to get involved in protracted litigation. So, I continued to work suppressing my bitterness. When I left the bank, I found I was suffering from chronic, acute depression. I lacked the initiative to go to court. I filed the unsuccessful writ when my depression was in remission. I am still on antidepressant medication although I have recovered from depression. I am hopeful that the court will consider my reasons for the delay in suing the bank. I see an inherent contradiction in the bank's position in the matter. They deputed me for Army Service during the First National Emergency and they say my Army Service was not relevant to their work! Do you see the contradiction?
1) it is true there is contradiction in bank stand
2) the bank having deputed you for army service during first national emergency should have considered your period of army service for purpose of promotion
3) the bank has discriminated against you while granting promotion to your colleagues
4) however the main problem in your case is you are filing writ after period of 24 years after having left service and court may not be inclined to grant you reliefs at this belated stage
You state that "the Government made an announcement that all eligible citizens could volunteer for Army Service retaining a lien on their civilian jobs and without losing seniority or promotions during their Army Service.". do you have any evidence for this.
There should be some ruling on this since you have served the nation in the interest of nation and it was not a fancy or false issue.
So you may continue the legal battle if the same has been going on for a long time,
Is it possible to file a writ in the Kerala High Court? Can you suggest a lawyer to represent me? I am 81. I don't have much time to wait.
A fresh writ petition at this stage for an incident that took place way back in the year 1963 i.e., about 5 decades ago may not be maintainable.
I don't think the time bar applies to my claim. Ram Rahim was convicted 15 years after he committed rape.
Dont compare yourself with that person, he has committed crime hence he was sentenced to imprisonment but yours is a claim which is totally different to this.
Besides, I could not take any legal action when the bank overlooked me ignoring my Army Service on deputation from the bank because I had a wife and 3 children to support and I needed a job. I did not want to get involved in protracted litigation. So, I continued to work suppressing my bitterness.
If you decided to ignore this matter at that time, there is no case maintainable at this belated stage.
When I left the bank, I found I was suffering from chronic, acute depression. I lacked the initiative to go to court. I filed the unsuccessful writ when my depression was in remission. I am still on antidepressant medication although I have recovered from depression.
I am hopeful that the court will consider my reasons for the delay in suing the bank.
There is no justification to your claim at this stage where all the faults are lying on you for not initiating proper action at the time when you were required to initiate any legal action.
I see an inherent contradiction in the bank's position in the matter. They deputed me for Army Service during the First National Emergency and they say my Army Service was not relevant to their work!
Do you see the contradiction?
You could have fought for this rights when you had the opportunity but you failed to utilise the opportunity hence law cannot do anything on this at this stage
Thank you for your answers. Do you think the Court might consider the extenuating circumstances under which I failed to take action: (1) I was suffering from acute depression. (2) I needed my job to support my family and had neither the time nor the money to engage in protracted litigation. (3) After leaving SBI, I was doing international assignments in Tanzania and Tonga. This prevented me from taking legal action in India. (4) When I did return to India, I had a relapse of depression which prevented me from taking legal action. I am contemplating legal action now that I have recovered. I submitted my grievance under the Prime Minister's Grievance Procedure but invariably my grievance was forwarded to SBI whose stand was exactly the same as it was 50 years ago.
1)if you could file writ in 1993 against the bank asking them to compensate you by treating your resignation in 1980 as retirement with pension benefits. you could have in said writ claimed compensation for wrongly denying you promotion .
2) your writ would not be entertained by HC after period of 24 years
3)the grounds mentioned by you would have been considered had you not in 1993 filed writ petition in HC . nothing prevented you from raising the said issue in the writ petition
You have lost all your opportunities that were available before you when the time was ripe.
You cannot claim excuse for your own fault.
In my opinion you may be fighting a lost battle.