Petitioner challenged withdrawal of promotion due to sabbatical leave. Court held no recovery of excess salary as petitioner rendered services and made no false representation, disposing petition.
Petitioner relieved from obligation to repay excess salary; promotion aspects disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010062472021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No : WP(C)/320/2021
RIMLEE THAKURIA W/O SRI (DR.) DIPANKAR DEVEBRATA RESIDENT OF RUPKONWAR PATH BELTOLA BASISTHA ROAD GUWAHATI KAMRUP M PS BASISTHA ASSAM
VERSUS
STATE BANK OF INDIA AND 8 ORS REPRESENTED BY ITS CHAIRMAN HAVING ITS CORPORATE CENTRE AT STATE BANK BHAWAN MADAME CAMA ROAD NARIMAN POINT MUMBAI MAHARASHTRA 400021 2:DY. MANAGING DIRECTOR (HR) AND CORPORATE DEVELOPMENT OFFICER CORPORATE CENTRE AT STATE BANK BHAWAN MADAME CAMA ROAD NARIMAN POINT MUMBAI MAHARASHTRA 400021 3:CHIEF GENERAL MANAGER (HR) CORPORATE CENTRE AT STATE BANK BHAWAN
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MADAME CAMA ROAD NARIMAN POINT MUMBAI MAHARASHTRA 400021 4:CHIEF GENERAL MANAGER STATE BANK OF INDIA NORTH EASTERN CIRCLE LOCAL HEAD OFFICE LOCAL HEAD OFFICE DISPUR GUWAHATI 781006 5:THE GENERAL MANAGER (NW-II) STATE BANK OF INDIA NORTH EASTERN CIRCLE LOCAL HEAD OFFICE DISPUR GUWAHATI 781006 6:THE DY. GENERAL MANAGER AND CIRCLE DEVELOPMENT OFFICER STATE BANK OF INDIA NORTH EASTERN CIRCLE LOCAL HEAD OFFICE DISPUR GUWAHATI 781006 7:THE DEPUTY GENERAL MANAGER (B AND O) STATE BANK OF INDIA ADMINSTRATIVE OFFICER T.R PHUKAN ROAD NEHRU PARK JORHAT 785001 8:THE ASSISTANT GENERAL MANAGER (HR) SWAGOTA SQUARE 4TH FLOOR BHANGAGARH GUWAHATI 781005 ASSAM 9:THE BRANCH MANAGER STATE BANK OF INDIA HATIGAON CHARALI DARGAH ROAD GUWAHATI KAMRUP M ASSAM 781038 -----------Advocate for : MR. D SARAF
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Advocate for : MR P GOGOI appearing for STATE BANK OF INDIA AND 8 ORS
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 02.08.2021
Heard Mr. D. Saraf, learned counsel for the petitioner. Also heard Mr. A.K. Sahewalla, learned counsel for the respondents.
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as indicated above. By the said letter, the petitioner was further advised that if she participates in the next promotion exercise and in case she was successful for the promotion for the year 2021-22, she may be promoted with back date effect of promotional year 2020-21. The learned counsel for the petitioner has submitted that the effective date of her promotion would now be 22.04.2020 for all intents and purpose as the petitioner has been again successful in the promotion exercise for the year 2021-2022. In this regard, the learned counsel for the respondents has referred to the statement made in I.A.(Civil) 847/2021.
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recovery of money from the petitioner on account of excess salary paid to the petitoenr. The Court is unable to hold that the petitioner has enriched herself due to any fault on her part.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to retain her promotion salary if she had availed sabbatical leave rendering her initially ineligible.
Whether the bank is entitled to recover excess salary paid to the petitioner during the interim period of invalid promotion.
1 provisions across 1 enactments
Rimlee Thakuria
State Bank of India
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
