In an original petition concerning promotion grievances of bank staff, the Court held that evidence of remaining vacancies was required for a promotion claim under the old policy. Regarding the 2005-07 period, the Court disposed of the petition noting the claim was not properly amended or pleaded for examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931
OP.No. 14011 of 2003(R) -----------------------
PETITIONER(S):
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1. P.VASUDEVAN,STAFF NO.266,CLERK, SOUTH MALABAR GRAMIN BANK, KAVANNUR BRANCH,KAVANNUR P.O. MALAPPURAM DISTRICT PIN 673 644.
2. T.P.BALACHANDRAN, STAFF NO.735, CLERK, SOUTH MALABAR GRAMIN BANK, AREA OFFICE,MANJERI 676 721.
BY ADV. SRI.P.CHANDRASEKHAR
RESPONDENT(S):
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1. THE SOUTH MALABAR GRAMIN BANK, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE,P.B. NO.10, MALAPPURAM 676 505.
*ADDL.R2 INSTITUTE OF BANKING PERSONNEL SELECTION, IBPS HOUSE, PLOT NO.166, BEHIND THAKUR POLY TECHNIC, OFF WESTER EXPRESS HIGHWAY, P.B.NO.8587, KANDIVLI, (EAST), MUMBAI - 400 101. REPRESENTED BY ITS CHAIRMAN.
***(ADDITIONAL 2ND RESPONDENT IS IMPLEDED AS PER ORDER DATED 18/11/2009 IN I.A.NO.4785/2005)**
ADV. SRI.T.R.RAVI, SC, S.MALABAR G. BANK FOR R1
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP NO.14011/2003
ORDER ON CMP NO. 23641/2003, I.A.NOS.4784/2005, 14072/2007 & 11491/2008
DISMISSED.
18/11/2009 SD/- (ANTONY DOMINIC, JUDGE)
APPENDIX
PETITIONER'S EXHIBITS
P1 : COPY OF ORDER NO.9/SMGB/JC/EF/215/89-90/PAS DATED 13/04/89 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER.
P2 : COPY OF LETTER NO.9/SMGB/369/90-91/PAD DATED 23/04/90 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER.
P3 : COPY OF REGIONAL RURAL BANKS (APPOINTMENT & PROMOTION OF OFFICERS & OTHER EMPLOYEES) RULES 1988.
P4 : COPY OF REGIONAL RURAL BANKS (APPOINTMENT & PROMOTION OF OFFICERS & OTHER EMPLOYEES) RULES, 1998.
P5 : COPY OF LETTER F NO.8(6)/99/RRB DATED 05/06/1999 OF THE GOVERNMENT OF INDIA TO SHRI.K.P.AGARWAL, CHIEF GENERAL MANAGER, NATIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT.
P6 : COPY OF MEMO NO.2/91-92 DATED 08/04/1991 OF THE RESPONDENT.
P7 : COPY OF JUDGMENT IN OP NO.21909/2000 OF THIS HONOURABLE COURT DATED 22/01/2003.
P8 : COPY OF MEMO NO.26/2003 DATED 20/03/2003 OF THE RESPONDENT.
P9 : COPY OF MEMO NO.38/2003 DATED 08/04/2003 OF THE RESPONDENT.
P10 : COPY OF NOTIFICATION DATED 06/12/2004 OF THE RESPONDENT.
P11 : COPY OF MEMO NO.19/2005 DATED 05/03/2005 OF THE RESPONDENT.
P12 : COPY OF MEMO NO.22/2007 DATED 21/03/2007 ISSUED BY THE RESPONDENT BANK.
P13 : COPY OF MEMO NO.44/2007 DATED 23/05/2007.
P14 : COPY OF MEMO NO.58/2007 DATED 31/07/2007 OF THE RESPONDENT BANK.
P15 : COPY OF MEMO NO.67/2008 DATED 08/07/2008 OF THE RESPONDENT.
//TRUE COPY//
PA TO JUDGE.
jg
ANTONY DOMINIC, J.
O.P. No. 14011 of 2003
Dated, this the 18th day of November, 2009
The surviving grievance is only in so far as the 2nd petitioner is concerned.
OP No.14011/2003
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he ought to have been promoted to the vacancies, which are available prior to the introduction of Ext.P4 promotion policy and remaining unfilled.
OP No.14011/2003
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of this Court dated 19/08/2008 in Writ Appeal No.2667/2007 in support of his contention that his claim has been overlooked.
However, incorporating the claim as above, this original petition has not been amended and pleadings have not been raised to be examined by this Court. Therefore, if at all the petitioner has a grievance that his claim has been overlooked, it will be open to the petitioner to pursue his grievance before the appropriate authorities, taking advantage of the judgment relied on by him as above.
This original petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg
2 issues framed by the court
Whether the petitioner was entitled to promotion to vacant vacancies created under the previous promotion policy.
Whether the grievance regarding overlooking of the petitioner's promotion claim in the period 2005-07 merits examination in these proceedings.
P.Vasudevan and Another
South Malabar Gramin Bank
Institute of Banking Personnel Selection
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
