Madras High Court 
Chennai

SBI sacks SL refugee after 17 years over nationality; Madras HC quashes termination

G Thirukalyanamalar, a Sri Lankan Tamil refugee who came to India at a very young age, joined the State Bank of India in 2008 and has been working there since then

DTNEXT Bureau

CHENNAI: The Madras High Court quashed the State Bank of India's decision to terminate a Sri Lankan refugee who had worked for 17 years, solely on the ground that she was not an Indian citizen.

G Thirukalyanamalar, a Sri Lankan Tamil refugee who came to India at a very young age, joined the State Bank of India in 2008 and has been working there since then.

When her name was later recommended for regularisation of service, a certificate verification process revealed that she was not an Indian citizen. Based on this, the bank issued an order terminating her employment. Challenging this decision, Thirukalyanamalar filed a petition before the Madras High Court.

When the case came up for hearing before Justice Hemant Chandangoundar, counsel for the petitioner submitted that the bank had raised no objection at the time of her appointment and terminating her service after 17 years of work was unjustified. It was also submitted that the application form for the job did not contain any questions related to citizenship.

After recording these submissions, the judge observed that the petitioner had not concealed the fact that she was a Sri Lankan refugee at the time of joining service and that she had worked for 17 years without any issues.

The termination move solely on the ground that she is not a citizen of this country is arbitrary, discriminatory and such termination would not only deprive her of her means of livelihood but would also adversely affect the welfare and future of her children.

Accordingly, the court held that except for certain rights reserved exclusively for Indian citizens, refugees living in India are also entitled to claim rights on par with citizens, particularly the right to life.

On this basis, the court quashed the impugned order issued by the State Bank of India terminating the services of Sri Lankan refugee Thirukalyanamalar.

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