HomeOther LawsBank Can’t Deny Job Benefits After Court Restores Employee’s Service: Bombay High...

Bank Can’t Deny Job Benefits After Court Restores Employee’s Service: Bombay High Court

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

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setting aside an illegal dismissal, the employer cannot deny job rank, salary, and other benefits by relying on later-withdrawn disciplinary proceedings.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Although the officer was later issued a charge sheet, it was withdrawn in February 2024.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Rejecting this argument, the Division Bench held that once the dismissal was set aside and the charge sheet withdrawn, there was no break in service.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

Read More: No Arrest Without S. 69 Order: Bombay High Court Grants Interim Protection to Sunil Biyani in Rs. 1,200-Crore GST Probe 

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

JURISHOUR | TAX LAW DAILY BULLETIN : MARCH 12, 2026

Here’s the Tax Law Daily Bulletin for March 12, 2026.GSTGHAZIABAD DGGI | FIRMS REGISTERED...

Inquiry Can’t Be Bypassed Without Concrete Evidence of Threats: SC Quashes Dismissal of Delhi Police Constable

The Supreme Court has set aside the dismissal of a Delhi Police constable, holding...

CAG Recruitment Dispute: Supreme Court Directs SSC to Forward Dossiers to Enable Appointment of PwD Candidates

The Supreme Court has directed authorities to accommodate two candidates with benchmark disabilities in...

Direct Recruits’ Seniority Begins From Date of Joining, Training Period Counts as Service: Supreme Court

The Supreme Court has held that the seniority of directly recruited employees must be...

More like this

JURISHOUR | TAX LAW DAILY BULLETIN : MARCH 12, 2026

Here’s the Tax Law Daily Bulletin for March 12, 2026.GSTGHAZIABAD DGGI | FIRMS REGISTERED...

Inquiry Can’t Be Bypassed Without Concrete Evidence of Threats: SC Quashes Dismissal of Delhi Police Constable

The Supreme Court has set aside the dismissal of a Delhi Police constable, holding...

CAG Recruitment Dispute: Supreme Court Directs SSC to Forward Dossiers to Enable Appointment of PwD Candidates

The Supreme Court has directed authorities to accommodate two candidates with benchmark disabilities in...