Partly allowed

Jeslin S. Chungath v. State Bank of India

Kerala HC12 Mar 2018WP(C)/8031/2018

Case brief

AI extract

What is this about?

Petitioner, an Associate Banker, sought writ jurisdiction to allow her to complete her articleship and appear for the Chartered Accountant examination. The court directed the Managing Director to consider a pending leave application compassionately within two weeks and stayed coercive action.

What did the court decide?

Directed the 1st respondent to consider the petitioner's representation compassionate within two weeks and barred coercive action against the petitioner.

Jeslin S. Chungath Vs State Bank of India — Labour and Industrial Disputes | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 12TH DAY OF MARCH 2018 / 21ST PHALGUNA, 1939

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WP(C).No. 8031 of 2018

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PETITIONER:

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JESLIN S. CHUNGATH, D/O. SAJU, CHUNGATH HOUSE, U.S.ESTATE, PARLIKKAD P.O., WADAKKANCHERRY, NOW WORKING AS ASSOCIATE, STATE BANK OF INDIA, WADAKKANCHERRY BRANCH, WADAKKANCHERRY, THRISSUR DISTRICT.

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BY ADV.DR.GEORGE ABRAHAM

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RESPONDENT(S):

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1. STATE BANK OF INDIA, REPRESENTED BY ITS MANAGING DIRECTOR, STATE BANK BHAVAN, MADAM CAMA ROAD, NARIMAN POINT, MUMBAI-400 021.

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2. THE REGIONAL MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE NO.3 , SUN TOWER BUILDING, EAST FORT, THRISSUR - 680 005.

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3. THE CHIEF MANAGER, STATE BANK OF INDIA, WADAKKANCHERRY BRANCH, THRISSUR DISTRICT, PIN-680 582.

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4. CHIEF MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, KERALA CIRCLE, THIRUVANANTHAPURAM.

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BY SRI.P.RAMAKRISHNAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 8031 of 2018 (D)

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PETITIO	NER(S)'	APPENDIX EXHIBITS
EXHIBIT	P1	TRUE COPY OF THE OFFER LETTER DATED 14.05.2013.
EXHIBIT	P2	TRUE COPY OF THE MARKLIST OF THE ALL INDIA SECONDARY SCHOOL CERTIFICATE EXAMINATION ISSUED TO THE PETITIONER.
EXHIBIT	P3	TRUE COPY OF THE MARKLIST OF THE ALL INDIA SENIOR SCHOOL CERTIFICATE EXAMINATION ISSUED TO THE PETITIONER.
EXHIBIT	P4	TRUE COPY OF THE CERTIFICATE OF COMMON PROFICIENCY TEST ISSUED TO THE PETITIONER.
EXHIBIT	P5	TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE INDIAN INSTITUTE OF BANKING AND FINANCE.
EXHIBIT	P6	TRUE COPY OF THE CERTIFICATE DATED 17.01.2015 ISSUED TO THE PETITIONER ISSUED TO THE PETITIONER BY THE INDIAN INSTITUTE OF BANKING AND FINANCE.
EXHIBIT	P7	TRUE COPY OF THE TERMS AND CONDITIONS FOR GRANT OF SABBATICAL LEAVE FOR WOMEN EMPLOYEES DATED 09.07.2014.
EXHIBIT	P8	TRUE COPY OF THE LEAVE SANCTION ORDER DATED 14.12.2015 ISSUED TO THE PETITIONER.
EXHIBIT	P9	TRUE COPY OF THE CERTIFICATE SHOWING THAT THE PETITIONER HAD JOINED THE FIRM ON 17.12.2015.
EXHIBIT	P10	TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER CERTIFYING THAT THE PETITIONER HAS PASSED THE INTERMEDIATE EXAMINATION.
EXHIBIT	P11	TRUE COPY OF THE GENERAL INSTRUCTIONS REGARDING JOINING THE ARTICLED ASSOCIATES
EXHIBIT	P12	TRUE COPY OF THE COMMUNICATION OBTAINED FROM THE WEBSITE OF IGNOU SHOWING THAT THE PETITIONER HAS COMPLETED THE REQUIREMENTS OF B.COM.
EXHIBIT	P13	TRUE COPY OF THE REQUEST MADE BY THE PETITIONER ON 01.08.2017 FOR EXTENSION OF THE LEAVE.
EXHIBIT	P14	TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT REJECTING EXT.P13 APPLICATION.

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WP(C).No. 8031 of 2018 (D)

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EXHIBIT P15 TRUE COPY OF THE LEAVE APPLICATION DATED 01.12.2017 SUBMITTED BY THE PETITIONER. EXHIBIT P16 TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER ON 14.11.2017. EXHIBIT P17 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER ON 12.12.2017 BEFORE THE 3RD RESPONDENT. EXHIBIT P18 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 1ST RESPONDENT ON 14.12.2017. EXHIBIT P19 TRUE COPY OF THE ORDER DATED 19.02.2018 ISSUED BY THE 2ND RESPONDENT ON THE BASIS OF THE DECISION TAKEN BY THE 4TH RESPONDENT. EXHIBIT P20 TRUE COPY OF THE ORDER DATED 26.02.2018 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBIT

NIL

/TRUE COPY/

PA TO JUDGE

12/3/2018

PBS

P.V.ASHA J.

W.P.(C).No.8031 of 2018

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------------------------------------- Dated this the 12^th day of March, 2018

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J U D G M E N T

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Petitioner, who joined as a Single Window Operator in the State Bank of Travancore and now designated as Associate after the Bank merged with the State Bank of India, got her probation declared while she was working in the Wadakancherry Branch. She submits that she had completed her Bachelor Degree in Commerce by private study, after she joined the service of the Bank and she has already passed Common Proficiency Test under the Institute of Chartered Accountants of India, even before she joined the Bank. She thereafter passed Integrated Proficiency Competent Examination conducted by the Institute of Chartered Accountants on 31.07.2013. After availing sabbatical leave, she joined for Articleship at a firm of

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W.P.(C).No.8031 of 2018

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Chartered Accountants and she has already completed 2 years of Articleship as on 17.12.2017. She points out that the period of Articleship is between 2 ½ to 3 years and therefore, she has to be on Articleship upto December 2018 or otherwise she will not be able to appear for the examination. The leave granted to her was already over by 15.12.2017. Even though, she had submitted a request for privilege leave on 14.11.2017, that was rejected. She had also requested for extra ordinary leave for a period of one year. The said application was also rejected as per Ext.P20 order and she has been asked to report for duty as per Ext.P20 letter and she is also under threat of disciplinary action. Petitioner has filed this writ petition, aggrieved by the orders Exts.P19 and P20. These orders have been passed after considering her application pursuant to the direction of this Court in judgment in W.P.(C).No.40872 of 2017.

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W.P.(C).No.8031 of 2018

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Learned counsel for the petitioner submits that her applications were rejected when Ext.P18 representation she had submitted before the Managing Director is pending.

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Even though, the learned Standing

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Counsel vehemently opposed the prayer of the petitioner, pointing out that petitioner had been on leave for a long time and that the petitioner cannot insist for availing leave for higher studies and pointed out that the Bank is facing difficulties on account of shortage of staff, I am of the view that the matter requires consideration by the Managing Director since the petitioner is a lady who could pass Degree Examination and thereafter the proficiency test after she joined the Bank. It is pointed out that in case she is unable to complete the 3 years Articleship, she will not be able to attend the CA Examination and her efforts would be in vain.

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W.P.(C).No.8031 of 2018

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In the above circumstances, there shall be a direction to the 1^st respondent to consider Ext.P18 representation, compassionately, within a period of 'two weeks' from the date of receipt of a copy of the judgment.

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Till such time, no coercive action shall be taken against the petitioner.

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Sd/- P.V.ASHA, JUDGE.

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Jeslin S. Chungath v. State Bank of India

Case brief

What is this about?

What did the court decide?

Jeslin S. Chungath v. State Bank of India

Case brief

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What did the court decide?

What the court decided

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