Shiny Saji (Sr No.56330) vs Indian Bank
2021 Latest Caselaw 3481 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 1ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                       WP(C).No.256 OF 2021(F)


PETITIONER:

               SHINY SAJI (SR NO.56330)
               AGED 48 YEARS
               MANAGER, (AWAITING REPOSTING), INDIAN BANK,
               KADAIYUR BRANCH, COIMBATORE, RESIDING AT NANDANAM,
               KAVERI NAGAR, GOLF INK ROAD, CHEVAYUR P. O.,
               KOZHIKODE - 673 017, KERALA.

               BY ADVS.
               SRI.T.P.DEYANANTHAN
               SRI.A.V.RAMAKRISHNA PANICKER
               SRI.S.KRISHNALAL

RESPONDENTS:

      1        INDIAN BANK,
               REPRESENTED BY
               THE GENERAL MANAGER (HRM),
               CORPORATE OFFICE,
               AVVAI SHANMUGHAM SALAI, ROYALPETTA,
               CHENNAI - 600 014.

      2        ZONAL MANAGER
               INDIAN BANK, COIMBATORE ZONE - 641 001.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15-01-2021, THE COURT ON 1-02-2021 DELIVERED THE FOLLOWING:
 W.P.(C).No.256/2021
                                            2

                           ANU SIVARAMAN, J.
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                         W.P.(C).No.256 of 2021
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                 Dated this the 1st day of February, 2021

                                    JUDGMENT

1. This writ petition is filed with the following prayers:-

"i) to issue a writ of mandamus to the respondents to reinstate the petitioner in service pending regularisation of extension of sick leave applied and availed and waiting for posting orders, since 14.01.2017, rendering immediate relief to the petitioner.

ii) to direct the respondents that the petitioner is entitled to protection as an inter-caste married employee, deserve protection from Corporate Management as a model employer in granting privilege of relief."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondent Bank.

3. The petitioner seeks a direction to the respondents to reinstate

the petitioner in service pending regularisation of the extension

of sick leave applied for. The claim is also raised seeking posting

orders to be issued to the petitioner. The learned counsel for the

petitioner submits that the only relief being pressed is for a

consideration of Exhibit P11 representation. W.P.(C).No.256/2021

4. The learned standing counsel for the respondents raises a

preliminary objection with regard to the territorial jurisdiction of

this Court to consider the issue. It is submitted that the

petitioner is admittedly an employee of the Indian Bank, who was

working at Kadaiyur branch in Coimbatore and Exhibit P11

representation is submitted before the 2 nd respondent seeking

permission to rejoin duty in the Coimbatore zone. Relying on the

decisions of Full Bench of this Court in Dental Council of India

v. Viswanath [2018(3) KLT 255] and Aparna Balan v. Union of

India [2018 (3) KLT 832], the learned standing counsel contends

that the mere fact that the petitioner resides within the

jurisdiction of this Court and has received some communications

from the respondents at her address in Kerala cannot clothe this

Court with jurisdiction.

5. The learned counsel for the petitioner contends that since the

petitioner is a resident in Kerala and since the only relief sought

for is for a consideration of Exhibit P11, the respondents are duty

bound to take a decision on the same.

W.P.(C).No.256/2021

6. Having considered the contentions advanced and in the nature of

the reliefs sought for, I am of the opinion that this Court does not

possess the territorial jurisdiction to consider the grievance of

the petitioner. It is an admitted fact that none of the respondents

are within the territorial jurisdiction of this Court. Therefore, to

confer jurisdiction on this Court, the cause of action, wholly, or in

part, should have arisen within the territorial jurisdiction of this

Court. In the instant case, there is no pleading raised with

regard to any part of the cause of action arising in Kerala. The

mere fact that the petitioner is residing in Kerala now and has

sent a representation from Kerala cannot confer jurisdiction on

this Court to consider the writ petition.

7. The writ petition is, therefore, not maintainable before this Court

in terms of Article 226 of the Constitution of India, since no part

of the cause of action has arisen within the territorial

jurisdiction of this Court. The writ petition fails and the same is

accordingly dismissed.

Sd/-

Anu Sivaraman, Judge sj/22/1/2021 W.P.(C).No.256/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.CO.CBE:HRM:O:659:SAB:04:2013-14 DATED 13.09.2013.

EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 23.09.2015, ADDRESSED TO THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LEAVE APPLICATION TOGETHER WITH FORWARDING LETTER FOR 3 MORE YEARS APPLIED.

EXHIBIT P4 TRUE COPY OF THE MEDICAL CERTIFICATE FROM MULTI SPECIALTY HOSPITAL, MUKKAM, KOZHIKODE, FOR WHICH THE LEAVE SUGGESTED FOR REST WAS FROM 03.10.2015 TO 23.09.2016.

EXHIBIT P5 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED FROM HIGH LIFE MULTI SPECIALTY HOSPITAL, MUKKAM, KOZHIKODE DATED 25.09.2016.

EXHIBIT P6 TRUE COPY OF THE INTIMATION GIVEN TO THE BRANCH MANAGER DATED 06.02.2017.

EXHIBIT P7 TRUE COPY OF THE LR.NO.ZO:CBE:HRM:O:2016-17 ISSUED FROM HRM CELL, ZONAL OFFICE, COIMBATORE.

EXHIBIT P8 TRUE COPY OF THE APPLICATION NUMBER REGULATION 29 OF THE INDIA BANK EMPLOYEES PENSION REGULATION 1995.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.ZO:CBE:O:2017-18 DATED 10.11.2017 FROM CHIEF MANAGER, ZONAL OFFICE, COIMBATORE.

W.P.(C).No.256/2021

EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 19.11.2020.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 23.12.2020 ADDRESS TO FIRST RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE POSTAL TRANSCRIPTION RECEIPT DATED 23.12.2020.

True copy PS to Judge