Kerala High Court

Unnikrishnan P.C vs The Chairman State Bank Of India on 2 August, 2021

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
       THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
                                &
              THE HONOURABLE MR.JUSTICE GOPINATH P.
      MONDAY, THE 2ND DAY OF AUGUST 2021/11TH SRAVANA, 1943
            R.P NO.239 OF 2021 IN W.A.NO.469 OF 2018


    AGAINST THE JUDGMENT DATED 17.08.2020 IN W.A.NO.469/2018
                     OF HIGH COURT OF KERALA


REVIEW PETITIONERS/RESPONDENTS 1 TO 50:

1 UNNIKRISHNAN P.C., RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA, AMRITHAPURI, KOLLAM: 690 546

2 VIJOSH K.V, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,AMRITHAPURI, KOLLAM: 690 546

3 RENEEVE RAJ R, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA, PALAGHAT ADB, PALAGHAT: 678 001

4 PINCHU RAJAN RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA, KAINADY, ALAPPUZHA: 688 506

SABITHA S, RURAL MARKETING AND RECOVERY OFFICERS,

STATE BANK OF INDIA, KODENCHERY, CALICUT: 673 580

REHANESH N.P, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA, MUKKAM, CALICUT.

AJAN V.P, RURAL MARKETING AND RECOVERY OFFICERS, 7 STATE BANK OF INDIA,QUILANDY,CALICUT: 673 602 R.P.No.239/2021 in W.A.No.469/2018 :: 2 ::

8 SHAJI K.C, RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,TIRUR TOWN,MALAPPURAM: 676 101

DIYASREE, RURAL MARKETING AND RECOVERY OFFICERS, 9 STATE BANK OF INDIA,HARIPPAD, ALAPPUZHA: 690 514

10 SREEJITH S, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,MAVELIKKARA, ALAPPUZHA: 690 101

11 JINESH K.J, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,KOOTTAR,KOTTAYAM:685 552

ASWATHY V.U, RURAL MARKETING AND RECOVERY 12 OFFICERS,STATE BANK OF INDIA,RAMAPURAM, KOTTAYAM:686 576

ROBIN KOSHY VARGEESEN,RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,KUTHIYATHODE,

KOTTAYAM: 688 533

ELIZABETH VARGHESE, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,ULLALA,KOTTAYAM:686 607

SUMANGALA, RURAL MARKETING AND RECOVERY OFFICERS, 15 STATE BANK OF INDIA,KAIPUZHA, KOTTAYAM : 686602

16 STALIN T, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,ALUVA, ERNAKULAM: 683101

SANEESH S,RURAL MARKETING AND RECOVERY OFFICERS,STATE 17 BANK OF INDIA,CHEKKIYAD, CALICUT: 683 101

18 PRIMA C.P,RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,VADAKKANCHERY, THRISSUR:680582

RATHEESH K.R, RURAL MARKETING AND RECOVERY 19 OFFICERS,STATE BANK OF INDIA,PAYYANNUR, KANNUR:670582

20 SUBEER N,RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,THALIPARAMBU, KANNUR:670141

AJAY K. ABRAHAM, RURAL MARKETING AND RECOVERY 21 OFFICERS,STATE BANK OF INDIA,KOOTHUPARAMBA, KANNUR:670643 R.P.No.239/2021 in W.A.No.469/2018 :: 3 ::

22 AJAYANA T.T, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,IRINJALAKUDA, THRISSUR:680 121

23 SANIL RAJ RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,AVOLI, ERNAKULAM: 686661

SMITHA U.B,RURAL MARKETING AND RECOVERY OFFICERS, 24 STATE BANK OF INDIA,PATTAMBI, PALAGHAT:679303

25 ANEESHA ARUN,RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,VALLAPUZHA, PALAGHAT:679336

26 DHANYA E.C, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,CHERPULASSERRY, PALAGHAT:679503

SARIN GEORGE, RURAL MARKETING AND RECOVERY

OFFICERS,STATE BANK OF INDIA, QUILANDY, CALICUT:673305

LATHA P.S,RURAL MARKETING AND RECOVERY OFFICERS, 28 STATE BANK OF INDIA, KUNNAMKULAM, THRISSUR:680503

29 ANITHA CHEERIYAN, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,MANIMOOLI, CALICUT:679333

30 JAYAPRAKASH M, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,PERINTHALAMANNA, CALICUT : 679321

31 REHANESH N.P, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,MUKKAM, CALICUT:673602

RAKESH CHANDRAN, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,OTTAPALAM, PALAGHAT:670101

REJITH J, RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,AGALI, PALAGHAT:678581

34 MOHAMMED ISMAIL, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,KONDOTTY, CALICUT:673638 R.P.No.239/2021 in W.A.No.469/2018 :: 4 ::

35 SOFIALAIOUS S.P, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,MANNARKAD, PALAGHAT:678582

36 BETTY BABU RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,VADAKKANTHARA, PALAGHAT:678001

SALOMY ANTONY, RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,VALANCHERY,CALICUT:676552

38 RENJITH R,RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA, MEENAKSHIPURAM, PALAGHAT:678533

JIJITH R.S, RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA, CHERIYAPILLY, ERNAKULAM:683518

40 SHAINE T RURAL, MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,MALAPPURAM, CALICUT: 673647

AJEESH KRISHNAN, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,PARAPPANANGADI,

CALICUT: 676303

ASHA DEVI K.G, RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,KOTTARAKKARA, 42 KOLLAM: 691 506

43 SURIYA RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,BHARANIKKAVU, KOLLAM:690 503

DEEPA VIJAYAN RURAL MARKETING AND RECOVERY 44 OFFICERS,STATE BANK OF INDIA,ELAMANNUR, ALAPPUZHA:691524

ASHI SUSAN NINAN RURAL MARKETING AND RECOVERY 45 OFFICERS,STATE BANK OF INDIA,KUMBANAD, ALAPPUZHA:

689531

E.K SURAJ KIRAN RURAL MARKETING AND RECOVERY 46 OFFICERS,STATE BANK OF INDIA,PALAKKAD:678 001

47 K.P GANESH RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,ADB PALAKKAD, PALAKKAD:678001 R.P.No.239/2021 in W.A.No.469/2018 :: 5 ::

48 RENJITH J RURAL MARKETING AND RECOVERY OFFICERS, STATE BANK OF INDIA,KOOTTANAD, PALAKKAD:679533

SHIMLAL P.T RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,KOOTHUPARAMBA, KANNUR:670643

DANI K RURAL MARKETING AND RECOVERY OFFICERS,STATE BANK OF INDIA,NORTH PARAVUR, ERNAKULAM:683518

BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR

RESPONDENTS/APPELLANTS & RESPONDENT NO.51:

1 THE CHAIRMAN, STATE BANK OF INDIA CORPORATE CENTRE, MADAME CAMA ROAD, MUMBAI:400 021.

2 THE CHIEF GENERAL MANAGER, HUMAN RESOURCES DEPARTMENT, STATE BANK OF INDIA, CORPORATE CENTRE, MUMBAI:400021

3 CHIEF GENERAL MANAGER, RURAL BUSINESS, STATE BANK OF INDIA, CORPORATE CENTRE, MUMBAI : 400 021

4 THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM:695 001.

5 THE GENERAL MANAGER, HUMAN RESOURCES DEPARTMENT, STATE BANK OF INDIA, LOCAL HEAD OFFICE, KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM:695 001 (CORRECTED).

6 THE DEPUTY GENERAL MANAGER, RURAL BUSINESS UNIT, STATE BANK OF INDIA, LOCAL HEAD OFFICE, KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM:695 001 (CORRECTED) R.P.No.239/2021 in W.A.No.469/2018 :: 6 ::

7 TRUSTEES OF STATE BANK OF INDIA PENSION FUND C/O.STATE BANK OF INDIA, CORPORATE CENTRE, MADAME CAMA ROAD, MUMBAI: 400 021.

8 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, FINANCIAL SERVICES, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS, NORTH BLOCK, NEW DELHI:110 001.

BY SRI.P.VIJAYAKUMAR, ASG BY SRI.GEORGE THOMAS MEVADA (SR.), SC BY SRI.AMAL GEORGE, SC

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

 R.P.No.239/2021
in W.A.No.469/2018                        :: 7 ::




                                      ORDER


       Gopinath P., J.

This Review Petition has been filed by the respondents in

W.A.No.469/2018. Sri.S.Sreekumar, the learned senior counsel

appearing for the Review Petitioners would contend that the

petitioners are entitled to pension under the Scheme referred to as

the "Old Pension Scheme" in the judgment which is sought to be

reviewed.

2. W.A.No.469/2018 was filed by the State Bank of India

[SBI] and its Officers impugning the judgment of a learned Single

Judge of this Court in W.P.(C).No.6897/2011. The claim of the

petitioners [the present review petitioners] in W.P.(C).No.6897/2011

was that they are entitled to pension under the Old Pension Scheme

and that the SBI had wrongly denied them that benefit and had

compelled them to become members of the Contributory Pension

Scheme under the State Bank of India Employees Pension Fund

Regulations, 2014 [hereinafter referred to as 'the 2014

Regulations'].

The learned Single Judge, on a consideration of the matter,

held that the review petitioners, who are the petitioners in the writ R.P.No.239/2021 in W.A.No.469/2018 :: 8 ::

petition, were not entitled to pension under the Old Pension

Scheme. The learned Single Judge, however, accepted the case of

the review petitioners/writ petitioners that the 2014 Regulations

had not been brought into force in the manner prescribed by the

State Bank of India Act, 1955 [hereinafter referred to as the 'SBI

Act']. It is the finding of the learned Single Judge that the 2014

Regulations had not been brought into force in the manner

prescribed under the SBI Act that prompted the SBI and its Officers

to prefer W.A.No.469/2018 and connected cases. In respect of the

finding of the learned Single Judge that the review petitioners/writ

petitioners are not entitled to pension under the Old Pension

Scheme, no appeal was filed. We are therefore of the view that the

review petitioners cannot, in a proceeding seeking review of our

judgment in W.A.No.469/2018 and connected cases, seek to

establish that they are entitled to pension under the Old Pension

Scheme. The Review Petition fails, and is accordingly dismissed.