The High Court disposed of a writ petition challenging denial of promotion to Junior Management Grade Scale-I in 2005-2006. The court held the petition was barred by laches and failed to discharge the burden of proof, dismissing the matter.
The writ petition is closed.
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 MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
WP(C) NO. 2564 OF 2013
PETITIONER:
S.JEYASUNDAR ASSISTANT MANAGER, STATE BANK OF INDIA, RACPC, LMS COMPOUND, THIRUVANANTHAPURAM - 695 033. BY ADVS. SRI.B.RAGHUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.P.PRASANTH SRI.R.SRINATH SRI.VIPIN VARGHESE
RESPONDENTS:
1 STATE BANK OF INDIA REPRESENTED BY CHIEF GENERAL MANAGER, LOCAL HEAD OFFICE, S.S.KOVIL ROAD, THIRUVANANTHAPURAM - 695 001. 2 ASSISTANT GENERAL MANAGER HUMAN RESOURCES DEVELOPMENT, STATE BANK OF INDIA, LOCAL HEAD OFFICE, S.S.KOVIL ROAD, THIRUVANANTHAPURAM - 695 001. BY ADVS. SRI.P.V.SURENDRANATH SRI.P.GOPAL, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MOHAMMED NIAS. C.P.,J
JUDGMENT
The petitioner has filed this writ petition aggrieved by the denial of promotion to the post of Junior Management Grade Scale-I for the year 2005-2006 under the Normal cum Seniority channel. The allegation is that he was not promoted then as his performance appraisal report for the year 2003-2004 was re-written and that he came to know about the said foul play only in 2009. It is on these allegations that the writ petition is filed.
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petitioner was promoted on 12.8.2009 to the post of Junior Manager Grade Scale-I, as he was selected in the promotion process. Thus, it is the submission of the Bank that he was not promoted during the year 20052006 as his cut off mark was below the requisite level. The contentions in the counter affidavit are recorded.
In all probability, by now, the petitioner would have retired on superannuation. It is also submitted that the challenge against Ext..P7 which is dated 9.2.2006 and against Ext.P9, which is dated 4.5.2011, was made only in the year 2013, and as such the writ petition ought to be dismissed on the ground of laches as well. I find force in the said contention of the learned counsel for Bank. It is also pointed out that the rejection of his request by Ext.P9 was on the basis that the grievance cell could not have considered matters regarding service/promotion. In the absence of anything produced by the petitioner to contradict the above factual aspects, no relief can be granted to him. Accordingly, the writ petition is closed.
Sd/- MOHAMMED NIAS C.P., JUDGE
dlk/4.7.2023
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APPENDIX OF WP(C)2564 OF 2013
PETITIONER'S EXHIBITS
| EXHIBIT | P1 COPY OF THE ORDER DEPUTING THE PETITIONER DATED 30.9.2003 |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE CERTIFICATE FOR EXCELLENCE DATED 13.8.2005 |
| EXHIBIT | P3 COPY OF THE CERTIFICATE FOR THE BEST PERFORMER FOR THE YEAR 2006-07 |
| EXHIBIT | P4 TRUE COPY OF LETTER ISSUED BY THE DEPUTY GENERAL MANAGER OF THE BANK DATED 20.2.2006 |
| EXHIBIT | P5 TRUE COPY OF THE CIRCULAR DATED 16.1.2006 ISSUED BY THE IST RESPONDENT. |
| EXHIBIT | P6 TRUE COPY OF THE LETTER NO.HR/002997/94 DATED 15.2.2006 ISSUED BY THE CHIEF MANAGER (HR) OF THE BANK |
| EXHIBIT | P7 TRUE COPY OF THE LETTER ISSUED BY THE CHIEF MANAGER ALONG WITH PERFORMANCE APPRAISAL REPORTS FOR THE YEARS 2003 AND 2004 |
| EXHIBIT | P8 TRUE COPY OF THE REPRESENTATION ALONG WITH COVERING LETTER DATED 18.4.2011 SUBMITTED TO 2ND RESPONDENT. |
| EXHIBIT | P9 TRUE COPY OF THE COVERING LETTER DATED 7.5.2011 ALONG WITH LETTER NO.AGM(ADMN-II) 379/11/1 DATED 4.5.2011 |
3 issues framed by the court
Whether the petitioner was eligible for promotion to Junior Management Grade Scale-I in 2005-2006.
Whether the writ petition is barred by laches given the delay in filing the challenge.
Whether the grievance cell had jurisdiction to consider matters regarding service and promotion.
S. JEYASUNDAR
STATE BANK OF INDIA
ASSISTANT GENERAL MANAGER HUMAN RESOURCES DEVELOPMENT
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
