The Bombay High Court has held that once a court restores an employee’s service by setting aside an illegal dismissal, the employer cannot deny job rank, salary, and other benefits by relying on later-withdrawn disciplinary proceedings.
The bench of Justice G. S. Kulkarni and Justice Aarti Sathe directed Bank of Baroda (BoB) to grant a former officer of Memon Co-operative Bank Limited (MCBL) appointment in Scale-V with effect from April 18, 2011, along with all consequential benefits.
The officer had originally been dismissed in December 2010. However, the High Court had earlier quashed the dismissal and ordered restoration of “status quo ante,” meaning he was to be treated as continuing in service. After the merger of MCBL into Bank of Baroda in April 2011, employees were to be absorbed under a statutory scheme.
Although the officer was later issued a charge sheet, it was withdrawn in February 2024. Despite this, the bank argued that his regularization could only be considered from 2024.
Rejecting this argument, the Division Bench held that once the dismissal was set aside and the charge sheet withdrawn, there was no break in service. The employee was entitled to the same treatment as other similarly placed officers absorbed under the merger scheme.
The Court therefore ordered that he be granted Scale-V status from April 18, 2011, along with salary, increments, and retirement benefits as per bank rules, bringing an end to a prolonged legal battle spanning nearly 15 years.
Case Details
Case Title: Arif Mohd. Ghasswala Versus Siddhartha Bhattacharya
Case No.: WRIT PETITION NO.1221 OF 2012
Date: 6th February 2026
Counsel For Petitioner: Ranbir Singh
Counsel For Respondent: Lancy D’souza
