Disposed

Sreekumaran S.I. and Another v. North Malabar Gramin Bank and Others

Kerala HC29 Mar 2021WP(C)/21910/2011

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition filed by bank office assistants and an employees association, disposed of the case. The court held that the petitioners should follow the directions issued in a similar judgment (W.P.(C).No.25719/2012) which mandated the bank to include all eligible SC/ST candidates in the zone of consideration for promotion.

What did the court decide?

The writ petition was disposed of, with the court stating that the directions protecting SC/ST interests found in W.P.(C).No.25719/2012 apply to the petitioners.

Sreekumaran S.I. and Another Vs North Malabar… — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

¶5

WP(C).No.21910 OF 2011(K)

¶6

PETITIONERS:

¶7

1 SREEKUMARAN S.I. OFFICE ASSISTANT, NORTH MALABAR GRAMIN BANK, MANANTHAVADY, WAYNAD DISTRICT.

¶8

2 NORTH MALABAR GRAMIN BANK SC/ST EMPLOYEES WELFARE ASSOCIATION, KANNUR,, REG.NO.349/96, REPRESENTED BY GENERAL SECRETARY.

¶9

BY ADV. SMT.P.K.SANTHAMMA

¶10

RESPONDENTS:

¶11

1 NORTH MALABAR GRAMIN BANK AND OTHERS REPRESENTED BY THE CHAIRMAN, HEAD OFFICE, KANNUR, KERALA, PIN 670720.

¶12

2 SYNDICATE BANK REPRESENTED BY THE CHAIRMAN, MANIPAL, KARNATAKA STATE, PIN 576119.

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

¶14

29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

¶16

WP(C).No.21910 OF 2011(K)

¶17

JUDGMENT

¶18

Dated this the 29^th day of March 2021

¶19

This writ petition is filed by the petitioners,

¶20

who are office assistants of the North Malabar Gramin Bank, whose applications for promotion were rejected without assigning any reasons. According to the petitioners, the applications of all office assistants except nine persons have been rejected by the 1^st respondent without showing any reason. The 3^rd petitioner is the association of SC/ST Employees of the 1^st respondent, which has also sought for a general direction in regard to the members belonging to SC/ST to be included in the zone of consideration.

¶21

Anyhow, the subject selection was of the

¶22

year 2011 and ten years have elapsed and at this

¶23

distance of belated time, the direction sought for cannot be granted. The following are the reliefs

¶24

¶25

WP(C).No.21910 OF 2011(K)

¶26

sought for by the petitioners in the writ petition.

¶27

"i. Issue a writ of certiorari to quash Ext.P3 calling records leading to it.

¶28

ii. Issue a writ of mandamus directing the respondents to enlarge the zone of consideration by including all the office Assistants belong to SC/ST category for filling the adequate representation in the officer Scale I cadre.

¶29

iii. Issue a direction to the first respondent to permit all the candidates applied for the promotion post of officer Scale I, to attend the written test, to be conducted on 14.08.2011.

¶30

iv. Issue a direction to the first respondent to strictly follow Government of India Guideline, while preparing the Zone of consideration, hereafter, for the promotion of SC/ST candidates, by extending 5 times the number of vacancies, to all posts, as per Ext.P8.

¶31

v. Issue a direction to the first respondent to conduct special recruitment for filling up all the vacancies, the present and the carried vacancies of SC and ST in each cadre, till date."

¶32

Learned counsel appearing for the

¶33

petitioners Smt.P.K.Santhamma has invited my

¶34

attention to one of the relief sought for in the

¶35

writ petition and submitted that the 3^rd petitioner being an association of the members of the SC/ST,

¶36

it would be only appropriate to consider the

¶37

¶38

WP(C).No.21910 OF 2011(K)

¶39

general relief in the matter of including the members of the SC/ST in the zone of consideration of promotions to be conducted to the North Malabar Gramin Bank.

¶40

attention to a recent judgment rendered by a learned Single Judge of this Court in W.P. (C).No.25719/2012 dated 04.03.2021, wherein the

¶41

following directions were issued.

¶42

"Counsel for the petitioners submits that the petitioners have been promoted in 2014 but not from the due date. Therefore, the main grievance as sought for in the writ petition no longer exists but submits that a direction may be issued to the respondent to strictly follow the Government of India guidelines by including all eligible SC/ST candidates while preparing the zone of considertaion in the coming years for promotion of SC/ST. I am of the view that the said greievance can always be agitated by making a detailed representation in this regard. In case such representation is made, the Department would take a call after affording an opportunity of hearing and take a decision thereon as expeditiously as posssible".

¶43

realising that the very same association, which has

¶44

secured the judgment in W.P.(C).No.25719/2012, was

¶45

a party to the writ petition, the directions

¶46

¶47

WP(C).No.21910 OF 2011(K)

¶48

contained in the judgment can be directed to be followed in the instant case also and close the writ petition.

¶49

Accordingly, the writ petition is disposed of recording that, in a similar petition directions are issued by a learned Single Judge of this as extracted above to protect the interest of the members of the Scheduled Caste and Scheduled Tribes, in regard to the persons to be included in the zone of consideration for the selection to the North Malabar Gramin Bank and that would apply to

¶50

the petitioners herein also.

Sd/-

SHAJI P.CHALY

JUDGE

Hmh

WP(C).No.21910 OF 2011(K)

¶57

APPENDIX

¶58

PETITIONER'S/S EXHIBITS:

¶59

EXHIBIT P1	COPY OF THE RELEVANT PAGES OF THE APPOINTMENT AND PROMOTION RULES, 2010 OF THE 1ST RESPONDENT BANK.
EXHIBIT P2	COPY OF CIRCULAR DATED 11/07/2011 BY 1ST RESPONDENT.
EXHIBIT P3	COPY OF THE SENIORITY LIST OF OFFICE ASSISTANTS AS ON 01/07/2011, THE ZONE OF CONSIDERATION.
EXHIBIT P4	COPY OF LIST OF OFFICE ASSISTANTS SC AS ON 01/07/2011 THE FIRST RESPONDENT BANK.
EXHIBIT P5	COPY OF COMMUNICATION REJECTING APPLICATION DATED 23/07/2011.
EXHIBIT P6	COPY OF REPRESENTATION DATED 09/07/2011 BY 2ND PETITIONER TO 1ST RESPONDENT.
EXHIBIT P7	COPY OF REPRESENTATION DATED 08/08/2011 BY 2ND RESPONDENT TO FIRST RESPONDENT.
EXHIBIT P8	COPY OF CIRCULAR DATED 25/07/2011 ISSUED BY FIRST RESPONDENT.
EXHIBIT P9	COPY OF REPRESENTATION DATED 20/12/2010 BY 3RD PETITIONER TO FIRST RESPONDENT.
EXHIBIT P10	COPY OF PAGES 64 AND 65 FROM THE BOOK RESERVATION AND CONCESSION TO SC/ST.
EXHIBIT P11	SENIORITY POSITION OF OFFICE ASSISTANTS TILL SL.NO.414.
EXHIBIT P12	COPY OF THE NOTIFICATION DATED 13/07/2010 ISSUED UNDER (APPOINTMENT
	AND PROMOTION) RULES, 2010.

¶60

¶61

WP(C).No.21910 OF 2011(K)

¶62

EXHIBIT P13 COPY OF REPRESENTATION DATED 01/09/2011 SEEKING CLARIFICATION FROM GOVERNMENT OF INDIA. EXHIBIT P14 COPY OF REPRESENTATION DATED 01/09/2011 BY PETITIONERS TO THE RESPONDENTS.

¶63

RESPONDENT'S/S EXHIBITS: NIL

Sreekumaran S.I. and Another v. North Malabar Gramin Bank and Others

Case brief

What is this about?

What did the court decide?

Sreekumaran S.I. and Another v. North Malabar Gramin Bank and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

M.a.Joseph Vs Vinayan K.P

Shylaja Vs Remya Krishnan

A.M.Youseff Sait Vs Siddique

Kunjukunjamma Vs D.Sanjay Prabhu

Shyni.v. Vs Institute of Banking Personnel Selection

Balachandran Vs Kalpa Tharu Co-Operative Housing Society Ltd.