Case Details: K.G. Seshadri vs. Trustees of State Bank Of India [2026] 185 taxmann.com 352 (SC)[08-04-2026]
Judiciary and Counsel Details
- Prashant Kumar Mishra & N.V. Anjaria, JJ.
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Ms N S Nappinai, Sr. Adv., V. Balaji, B. Dhananjay, Atul Sharma, Vinod K. Nair, C. Kannan, Md. Nizamuddin, Anuraj Mishra, Advs. & Rakesh K. Sharma, AOR for the Petitioner
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Sanjay Kapur, AOR, Surya Prakash, Ms Shubhra Kapur, Ms Mahima Kapur, Ms Mansi Kapur, Ms Santha Smruthi, Advs. for the Respondent.
Facts of the Case
In the instant case, the appellant was appointed as a clerk in the respondent bank. He left for abroad and, upon returning, sought to rejoin service, which the respondent bank declined.
On account of his unauthorised absence, the bank issued notices and, finding his response unsatisfactory, treated his services as voluntarily abandoned. The appellant thereafter filed a petition before the Labour Court seeking computation of pension.
The Labour Court dismissed the claim for lack of jurisdiction, holding that there was no pre-existing right under the pension rules. The High Court also dismissed the writ appeal filed by the appellant.
Supreme Court Held
On appeal, the Supreme Court observed that the appellant was never granted voluntary retirement, and his services were instead treated as voluntarily abandoned. Accordingly, his case did not fall within Rule 22(i)(c).
Further, as he had neither attained the age of 50 years nor completed 20 years of service at the relevant time, he was also ineligible under Rule 22(i)(a).
Therefore, since the appellant’s case did not fall under any of the applicable provisions, the Supreme Court held that the appeal was liable to be dismissed.
List of Cases Reviewed
- Order of High Court of Judicature at Madras in W.A No. 1065 of 2022 dated 27.04.2022 (para 32) affirmed
List of Cases Referred to
- Rugmini Ganesh v. State Bank of India 2018 SCC OnLine Bom 3884 (para 11)
- Asstt. General Manager, State Bank of India v. Radhey Shyam Pandey [2020] 6 SCC 438 (para 11)
- Arikaravula Sanyasi Raju v. Branch Manager, State Bank of India [1997] 1996 taxmann.com 1680 (SC) (para 15)
- Municipal Corporation of Delhi v. Ganesh Razak [1995] 1994 taxmann.com 2479 (SC) (para 15).
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