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Supreme Court of India

R. BALAKRISHNA BHAT & ORS. ETC.versusBANK OF BARODA & ORS. ETC.

Citation
2018 INSC 526
Decided
16 May 2018
Disposal
Dismissed

Holding

The appeals were dismissed because the issues were identical to those already decided in Union Bank of India v. United Bank of India Retirees’ Welfare Associations.

Summary

The Supreme Court dismissed the appeals filed by R. Balakrishna Bhat and others against Bank of Baroda, holding that the controversy over pension and dearness allowance was identical to that decided in Union Bank of India v. United Bank of India Retirees’ Welfare Associations. The Court noted that the High Court's decision in Writ Appeals Nos. 1127‑1129 of 2013 had been set aside based on the earlier judgment in Indian Overseas Bank v. C.R. Chandrasekaran, which was affirmed by this Court in Civil Appeals Nos. 8420‑8421 of 2013. Since the legal issues were already settled, the appeals were dismissed without any order as to costs.

Issues considered

  • Whether the pension and dearness allowance claims of the appellants are maintainable in view of the earlier judgments.
  • Whether the High Court erred in setting aside the Single Judge's order in the writ petitions.
  • Whether the precedent set in Union Bank of India v. United Bank of India Retirees’ Welfare Associations applies to the present case.

Subjects

service lawpensiondearness allowanceprecedentappellate jurisdictionSupreme Courtdismissal

Judgment

                        [2018] 5 S.C.R. 469                            469


          R. BALAKRISHNA BHAT & ORS. ETC.                              A

                               v.

              BANK OF BARODA & ORS. ETC.

           (Civil Appeal Nos. 3762-3764 of 2014)                       B

                        MAY 16, 2018

[ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.]
                                                                       C
      Service law: Pension – Dearness allowance – Controversy in
the present appeals are similar to that arising in the case reported
in [2018] 5 SCR 436 – Present appeals dismissed in terms of said
judgment.

      Indian Overseas Bank and Another v. C.R.                         D
      Chandrasekaran etc. decided by Supreme Court in
      Civil Appeal Nos. 8420-8421 of 2013 on 01.02.2017
      – referred to.

      CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 3762-
3764 of 2014.                                                          E

     From the Judgment and Order dated 09.10.2013 of the High Court
of Madras in Writ Appeal Nos. 1127-1129 of 2013.

                              WITH
                                                                       F
      R.P. (C) No.1202 of 2017 in C.A. No.8422 of 2013

      R.P. (C) No.1201 of 2017 in C.A. No.8424 of 2013

      Ms. V. Mohana, V. K. Bali, R. Viduthalai, Sukumar Pattjoshi,
                                                                       G
Dhruv Mehta, Sr. Advs., Rajshekhar Rao, Sewaram, K. Harsha Vardhan,
Ms. Kruttika Vijay, Abhinav Mukerji, Aditya Soni, K.V. Jagdishvaran,
Mrs. G. Indira, Bhupendra Singh Chauhan, Nishe Rajen Shonker,
V. G. Pragasam, Rajesh Kumar, Gaurav Kr. Singh, Advs. for the
appearing parties.
                                                                       H
                                469
470              SUPREME COURT REPORTS                            [2018] 5 S.C.R.


A            The Judgment of the Court was delivered by
             UDAY UMESH LALIT, J. 1. These appeals by special leave
      arise out of Judgment and Order dated 09.10.2013 passed by the High
      Court of Judicature at Madras allowing Writ Appeal Nos.1127 to 1129
      of 2013 and dismissing Writ Petition Nos.6632 of 2007, 9952 of 2007
B     and 14983 of 2007.
            2. The aforesaid Writ Petitions preferred by the present appellants
      were allowed by Single Judge of High Court vide common Judgment
      and Order dated 14.12.2012. While setting aside the decision of the
      Single Judge, the Division Bench relied upon its Judgment rendered in
C     Writ Appeal No.355 of 2013 and allied matters (Indian Overseas Bank
      and Another v. C.R. Chandrasekaran etc.)
            3. Said Judgment rendered in Indian Overseas Bank and
      Another v. C.R. Chandrasekaran etc. by the Division Bench was
      affirmed by this Court in Civil Appeal Nos.8420-8421 of 2013 vide order
D     dated 01.02.2017.
             4. The controversy in the present appeals is similar to that arising
      in Union Bank of India vs. United Bank of India Retirees’ Welfare
      Associations and others which have been disposed of by us vide Judgment
      of even date. Since the issues involved in the present matter are identical,
E     these appeals are dismissed in terms of our Judgment rendered in United
      Bank of India and Others etc.
           5. The appeals and review petitions, therefore, stand dismissed.
      No order as to costs.

F     Devika Gujral                             Appeals and Review Petitions dismissed.




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