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2021 Supreme(Online)(KER) 26341
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942 WP(C).No.14352 OF 2019(T)
PETITIONERS:
1 H.RAJASEKHARAN NAIR, AGED 54 YEARS S/O.HARIDASAN NAIR A.K., TC 17/17, JAGATHI, THAICAUD P.O., THIRUVANANTHAPURAM, NOW WORKING AS MESSENGER, STATE BANK OF INDIA, THIRUVANANTHAPURAM TREASURY BRANCH NOW UNDER DEPUTATION AT SBI, VANCHIYOOR BRANCH.
2 ALL INDIA STATE BANK OF INDIA EMPLOYEES'
ASSOCIATION (AIBEA), (REGISTERED 3228/87) CENTRAL OFFICE, TKV SMARAKAM, P.B.NO.157, PULIMOOD, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY K.S.KRISHNA, AGED 24 YEARS, S/O.SRI.K.SUBRAHMANIA IYER.
BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS:
1 STATE BANK OF INDIA, REPRESENTED BY ITS CHAIRMAN, CORPORATE CENTRE, STATE BANK BHAVAN, MADAM CAMA ROAD, MUMBAI-
400021.
2 CHIEF GENERAL MANAGER (HR), STATE BANK OF INDIA, CORPORATE CENTRE, STATE BANK BHAVAN, MADAM CAMA ROAD, MUMBAI- 400021.
3 ADDL.R3. BABU.K.M CLERICAL STAFF, STATE BANK OF INDIA, CALICUT MEDICAL COLLEGE BRANCH, KOCHIKKODE, 4 ADDL.R4.GANGADHARAN.M CLERICAL STAFF, STATE BANK OF INDIA, HOSDURG BRANCH, KASARGOD.
5 ADDL.R5.HARIDASAN.K CLERICAL STAFF, STATE BANK OF INDIA, KOPPAM, PALAKKAD PIN-679 307
6 ADDL.R6.HASLIN.P.J CLERICAL STAFF, STATE BANK OF INDIA, PERUMANOOR BRANCH, ERNAKULAM, PIN-682 015.
7 ADDL.R7. ISSAIC.O.J CLERICAL STAFF, STATE BANK OF INDIA, VELLATHUVAL BRANCH, IDUKKI. PIN-685563.
8 ADDL.R8.JAMES.P.J CLERICAL STAFF, STATE BANK OF INDIA, PALAI TOWN, KOTTAYAM PIN-695 575.
9 ADDL.R9.JANARDJANAN.M.P CLERICAL STAFF, STATE BANK OF INDIA, MANAKARA BRANCH, PALAKKAD, PIN-678 613
10 ADDL.R10.JIJIKUMAR.K.A CLERICAL STAFF, STATE BANK OF INDIA, MANAKARA BRANCH, PALAKKAD, PIN-678 613
11 ADDL.R11.JOSEPH CHACKO CLERICAL STAFF, STATE BANK OF INDIA, SME THRISSUR BRANCH, THRISSUR, PIN- 680 001
12 ADDL.R12. LAIJU.P.P CLERICAL STAFF, STATE BANK OF INDIA NORTH PARAVUR BRANCH, MALIEKKAL SHOPPING COMPLE, NORTH PARAVUR, ERNAKULAM, PIN-683 513.
13 ADDL.R13.MADHAVAN K.S CLERICAL STAFF, STATE BANK OF INDIA, SREEKRISHNAPURAM BRANCH, SREEKRISHNAPURAM, PALAKKAD, PIN-679 513.
14 ADDL.R14.MADHU.K CLERICAL STAFF, STATE BANK OF INDIA, PALLICKAL BRANCH, KILIMANOOR, THIRUVANANTHAPURAM, PIN-695
604.
15 ADDL.R15. MURALI.S CLERICAL STAFF, STATE BANK OF INDIA, KAYAMKULAM BRANCH, KAYAMKULAM, ALAPPUZHA PIN-690 502.
16 ADDL.R16.RADHAKRISHNAN.P.P CLERICAL STAFF, STATE BANK OF INDIA KOTTAYAM TOWN BRANCH, K.K.ROAD, KOTTAYAM 686 002.
17 ADDL.R17. RAHASEKHARAN.P.
CLERICAL STAFF, STATE BANK OF INDIA M.C.ROAD BRANCH, ETTUMANOOR, NEAR KSRTC BUS STAND, KOTTAYAM, PIN-686 631.
18 ADDL.R1.RAMESH.M.B CLERICAL STAFF, STATE BANK OF INDIA, ANGAMALY BRANCH, MAIN ROAD, ANGAMALY, ERNAKULAM DISTRICT
683 572.
19 ADDL.R19.ROY.C.J CLERICAL STAFF, STATE BANK OF INDIA, PIRAVOM TOWN BRANCH, OLD MARKET ROAD, PIRAVOM, ERNAKULAM DISTRICT PIN-686 664.
20 ADDL.R20. SABU.M.B CLERICAL STAFF, STATE BANK OF INDIA VADAKKANCHERY BRANCH, VADAKKANCHERY, PALAKKAD SIT.PIN 678 683
21 ADDL.R21. SAJEEVAN.K CLERICAL STAFF, STATE BANK OF INDIA, PAYYANNUR BRANCH, PAYYANUR, KANNUR, PIN-670 307.
22 ADDL.R22. SATHYANARAYANAN.K CLERICAL STAFF, STATE BANK OF INDIA KERALASSERY BRANCH, KERALASSERY, PALAKKAD, PIN-678 641.
23 ADDL.R23.SHIBU PAUL CLERICAL STAFF, STATE BANK OF INDIA, THIRUVARPPU BRANCH, THIRUVARPU, KOTTAYAM. PIN-
686 003.
24 ADDL.R24. SOMAN.A.V CLERICAL STAFF, STATE BANK OF INDIA, KOOTTAR BRANCH, KOOTTAR, IDUKKI, PIN-685 552.
25 ADDL.R25.SUNILKUMAR.C.K CLERICAL STAFF, STATE BANK OF INDIA PBB KOTTAYAM BRANCH, MARIYATHURUTH, KOTTAYAM, PIN-
686 017.
26 ADDL.R26. SURESH.K.T CLERICAL STAFF, STATE BANK OF INDIA MOOVATTUPUZHA BRANCH, MOOVATTUPUZHA, ERNAKULAM DIST.686 661.
27 ADDL.R27. SURESH KUMAR.C CLERICAL STAFF, STATE BANK OF INDIA, ALUVA CATHOLIC BRANCH, RAILWAY STATION ROAD, ALUVA, ERNAKULAM PIN-683 101.
28 ADDL.R28.SURESH.V.K CLERICAL STAFF, STATE BANK OF INDIA, PALAI TOWN, KOTTAYAM PIN-696 575.
29 ADDL.R29. THOMAS P.JOSE, CLERICAL STAFF, STATE BANK OF INDIA ANGAMALY TOWN BRANCH, MAIN ROAD, ANGAMALY, ERNAKULAM DISTRICT, 683 572.
30 ADDL.R30.UNNIKRISHNAN.V.K CLERICAL STAFF, STATE BANK OF INDIA, ANGAMALY TOWN BRANCH, MAIN ROAD, ANGAMALY, ERNAKULAM DISTRICT, PIN-683572.
31 ADDL.R31. VIJAYAKUMAR. T CLERICAL STAFF, STATE BANK OF INDIA VARKALA MAIDANAM BRANCH, VARKALA, THIRUVANANTHAPURAM
695 141.
ADDL.R3 TO R31 ARE IMPLEADED AS PER ORDER DATED
18.12.19 IN I.A.NO.7/19 IN W.P.(C) 14352/19(T)
R1-2 BY SRI.GEORGE THOMAS(MEVADA), SC, SBI R1-2 BY SRI.AMAL GEORGE, SC, SBI R3-17, R19-22, R25-28, R30-31 BY ADV.
SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04-11-2020, THE COURT ON 11-01-2021 DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 11th day of January 2021
1.This writ petition is filed seeking the following prayers:-
i) Call for records leading to P3 and P4 and issue a writ in the nature of certiorari quashing Ext.P3 and P4.
ii) Issue a writ in the nature of mandamus commanding the respondents to effect promotion from the post of subordinate staff to the post of clerical cadre on the basis of Ext.P1 and P2 only and not resort to the procedure mentioned in Ext.P3 and P4.
ii)a. Call for records leading to Exhibit P9 and issue a writ in the nature of certiorari quashing Exhibit P9;
ii)b. Declare that promotions granted to Additional Respondents 3 to
28 pursuant to Exhibit P9 select list are illegal and non-est.
2.Heard the learned Senior counsel appearing for the petitioners, the learned Senior counsel appearing for the Bank and the learned counsel appearing for the respondents.
3.The 1st petitioner is a subordinate staff working as messenger in the State Bank of India, Thiruvananthapuram Treasury branch, now under deputation at SBI, Vanchiyoor Branch. The 2nd petitioner is the Association of the Employees of the State Bank of India. Petitioners are aggrieved by the violation of staff regulation regarding promotion from subordinate staff to clerical cadre in the State Bank of India. It is contended that as per the staff regulation, which is the result of a bipartite settlement, the promotional avenues of different employees of State Bank of India was finalized. There are two channels of promotion. One is merit channel and the other is normal seniority channel. The merit channel is provided for promotion of subordinate staff having matriculation and equivalent qualification and normal seniority channel is for promotion of subordinate staff having less than matriculation as qualification. For the purpose of merit channel promotion, the employees should be full time employees with five year service as on the 1st April of the promotion year. The service put in as permanent part time employee prior to full time appointment will be reckoned proportionately by notionally converting part time service into full time service, in case such full time employees has less than five years of service as on 1st April of the promotion year. The 1st petitioner is having the eligibility and qualification for promotion to the post of clerical staff in the merit channel promotion.
4.Relying on Ext.P1 staff regulation, it is contended that the subordinate staff with matriculation will be entitled for promotion under the merit channel only and will be designated as Assistant (ACCTS) on promotion. It is also stipulated that the subordinate staff without matriculation will be eligible for promotion under the normal channel only and will be designated as Assistant (cash) on promotion. As such, any candidate will be eligible only for one channel of promotion depending upon his qualification. It is submitted that normally, the subordinate staff having matriculation on promotion is given the designation of Assistant (CS & S) and is eligible for further promotion to the post of Senior Assistant, Clerk, Senior Clerk etc and also out of cadre promotion to officer cadre. The subordinate staff who do not have matriculation and are promoted in the normal seniority channel will be posted as Record Keeper, Godown Keeper, Bill Collector etc.
and there is no promotion avenue.
5.While so, by Ext.P3, the 2nd respondent issued a communication providing a special channel promotion for subordinate staff to clerical cadre for the financial year 2019-
2020. 390 vacancies in the clerical cadre were sought to be filled up by this exercise on the basis of a written test and interview. The channel was open to all subordinate staff having 8 years of service. The promoted employees would be governed by the service conditions of record keepers. They may be utilized as 'grahak mitra' in bigger branches. The petitioner filed Ext.P5 objection and filed the Writ Petition.
6.A counter affidavit was filed
