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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
G.Thirukalyanamalar W/o.shri.V.S.Vishwanath – Appellant
Versus
State Bank of India Rep. By its General Manager – Respondent
| Table of Content |
|---|
| 1. factual context regarding employment termination of a sri lankan refugee. (Para 1 , 2) |
| 2. parties' contentions on citizenship, locus standi, and fundamental rights. (Para 3 , 4 , 5) |
| 3. refugees can invoke writ jurisdiction regarding article 14 and 21. (Para 6 , 7 , 9 , 10 , 11 , 12) |
| 4. legal status and regularized residency of registered sri lankan refugees. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. arbitrary termination of long-standing employees violates article 14 parity. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. final order quashing termination without setting general policy precedents. (Para 32 , 33) |
ORDER :
HEMANT CHANDANGOUDAR, J.
The petitioner, a registered Tamil Sri Lankan refugee, is before this Court challenging the order dated 28.06.2013 passed by the first respondent, by which her services in the respondent Bank were terminated.
2. The facts of the case:
2.1. Pursuant to the advertisement dated 01.10.2007 and the notification dated 17.12.2007 issued by the respondent Bank, applications were invited for appointment to the post of Officer-Marketing and Recovery (Rural). The petitioner, claiming that she possessed the requisite qualifi
While non-citizens are excluded from constitutional rights reserved exclusively for citizens, they retain the locus standi to invoke the court's writ jurisdiction to challenge arbitrary or discrimina....
The court ruled that the principle of equality under Article 14 applies to non-citizens as well; thus, arbitrary termination based on citizenship status violated constitutional rights.
The main legal point established in the judgment is the fulfillment of statutory requirements for Indian citizenship by birth and the consideration of public interest in issuing passports to non-citi....
In the absence of confirmation of service and pendency of departmental process to verify caste certificate, protection against ouster as per Kavita Solunke and Shalini judgments is not applicable.
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
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