Madras HC: Sri Lankan Refugee's Termination by SBI Found Unfair

Here's a breakdown of a legal battle involving a Tamil Sri Lankan refugee and the State Bank of India (SBI), decided on January 23, 2026, by Judge Hemant Chandangoudar in the Madras High Court.

Background of the Case

Petitioner's Employment Journey

G. Thirukalyanamalar, a Tamil Sri Lankan refugee, was hired as a Marketing and Recovery Officer at SBI in 2008. Her job was initially on a temporary contract for two years.

Termination Controversy

In June 2013, SBI ended her employment, saying she wasn't an Indian citizen, which was a requirement for the job. The bank found out about her Sri Lankan nationality during a document check.

Legal Arguments

Petitioner's Stand

1. Indian Origin Argument: Thirukalyanamalar claimed she was of Indian origin, having left Sri Lanka due to ethnic conflict, and had lived in India since 1990.

2. Rights of Refugees: Her lawyer, Mr. K.M. Ramesh, argued that she had rights similar to Indian citizens and that her firing was unfair under Article 14 of the Indian Constitution.

Respondent's Stand

1. Eligibility Requirement: SBI's lawyer, Mr. C. Mohan, argued that the job was meant for Indian citizens only and that Thirukalyanamalar's application was misleading.

2. Legal Precedents: The bank referred to several Supreme Court decisions to support their view that non-citizens can't claim certain basic rights reserved for citizens.

Court's Decision

Key Observations

1. Right to Challenge: The court acknowledged Thirukalyanamalar's right to contest the termination even though she wasn't a citizen, as Articles 14 and 21 apply to everyone, not just citizens.

2. Legal Stay: Her stay in India was legal and regularized under the Immigration and Foreigners (Exemption) Order 2025.

3. Unfair Termination: The court found the termination to be unfair and discriminatory, considering her long and continuous service since 2008.

Ruling

The court canceled the termination order dated June 28, 2013, allowing Thirukalyanamalar to keep her job at SBI.

Summary of the Verdict

The court decided that SBI's action of firing G. Thirukalyanamalar just because she wasn't a citizen was unfair and discriminatory, violating Article 14. This decision sets an important example for similar cases about the job rights of refugees in India.