RAVINDRA NATH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner has challenged an order/communication addressed to the Chief Executive Officer of the State Bank of India, Johannesburg Branch, dated 16th January, 2001, re-fixing his salary with effect from 1st January, 2001. By an amendment, the petitioner has challenged an order passed by respondent No. 3 - Chief General Manager, Foreign Offices, State Bank of India, dated 12th April, 2004. By a further amendment, the petitioner challenged a decision dated 15th January, 2001, taken by respondent No. 5 - Union of India and a decision dated 8th February, 2001, of respondent No. 1. Respondent Nos. 2 and 3 are the Chairman and Chief General Manager, Foreign Offices of the State Bank of India. Respondent No. 4 is the Reserve Bank of India. Respondent No. 5 is the Union of India.

(2.) A Division Bench of this Court, by an order and judgment dated 25th April, 2007, dismissed the Writ Petition on the ground that the petitioner had not disclosed any justifiable reason for the delay in approaching the Court. This order, however, was set aside by an order and judgment of the Supreme Court dated 17th December, 2008. The Supreme Court accepted the petitioner's explanation for the delay and held that the petition ought not to have been dismissed on the ground of delay without deciding the same on merits. The Supreme Court requested this Court to dispose of the Writ Petition on merits.

(3.) The petitioner joined respondent No. 1 as an officer on 14th December, 1981. Respondent No. 1, by a communication dated 24th June, 2000, posted the petitioner at its Johannesburg Branch as Manager (Credit). The communication stipulated the terms and conditions of the posting. The relevant clauses are as follows: