Biju Varughese vs Bank Of Baroda
2021 Latest Caselaw 3673 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                       WP(C).No.26342 OF 2020(P)


PETITIONER:

               BIJU VARUGHESE
               AGED 51 YEARS
               S/O.P.P.VARUGHESE, RESIDING AT HOUSE NO.548,
               ROHINI APARTMENTS, NETTAIKODATHU ROAD,
               OPP. TO HESTIA HOSPITAL, PALARIVATTOM, KOCHI-25.

               BY ADVS.
               SRI.RAJESH NAIR
               SRI.BIJOY CHANDRAN

RESPONDENTS:

      1        BANK OF BARODA
               REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF
               EXECUTIVE, BARODA CORPORATE CENTRE, C-26, G BLOCK,
               BANDRAKURLA COMPLEX, BANDRA (EAST), MUMBAI-400051.

      2        GENERAL MANAGER (HR),
               BANK OF BARODA, BARODA CORPORATE CENTRE, C-26,
               G BLOCK, BANDRAKURALA COMPLEX, BANDRA(EAST),
               MUMBAI-400051.

      3        CHIEF SECURITY OFFICER,
               BANK OF BARODA, BARODA CORPORATE CENTRE, C-26,
               G BLOCK, BANDRAKURALA COMPLEX, BANDRA(EAST),
               MUMBAI-400051.

      4        ZONAL MANAGER,
               BANK OF BARODA, MG.ROAD, METRO RAILWAY STATION
               COMPLEX, M.G.ROAD, ERNAKULAM.

      5        MR.ZIYADRAHUMAN,
               DY.ZONAL HEAD, BANK OF BARODA, 4TH FLOOR, M.G.ROAD
               METRO RAILWAY STATION COMPLEX, M.G.ROAD, ERNAKULAM.

               R1-5 BY ADV. SMT.R.REMA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-01-
2021, ALONG WITH WP(C).286/2021(I), THE COURT ON 02-02-2021
DELIVERED THE FOLLOWING:
 WP(C).Nos.26342 OF 2020 & 286 OF 2021

                                    2


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                       WP(C).No.286 OF 2021(I)

PETITIONER:

               BIJU VARUGHESE
               AGED 51 YEARS
               S/O. P.P VARUGHESE, RESIDING AT HOUSE NO 548,
               ROHINI APARTMENTS, NETTAIKODATHU ROAD, OPP TO
               HESTIA HOSPITAL, PALARIVATTOM, KOCHI 25

               BY ADVS.
               SRI.RAJESH NAIR
               SRI.BIJOY CHANDRAN

RESPONDENTS:

       1       BANK OF BARODA
               REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF
               EXECUTIVE, BARODA CORPORATE CENTRE, C-26, G BLOCK,
               BANDRA KURLA COMPLEX, BANDRA (EAST) MUMBAI 400 005

       2       MR. S.L JAIN,
               EXECUTIVE DIRECTOR, BARODA CORPORATE CENTRE, C-26,
               G BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST),
               MUMBAI 400 051

       3       MR. V.S KHICHI,
               EXECUTIVE DIRECTOR, BARODA CORPORATE CENTRE, C-26,
               G BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST),
               MUMBAI 400051

       4       GENERAL MANAGER (HR)
               BANK OF BARODA, BARODA CORPORATE CENTRE, C-26,
               G BLOCK, BANDRA KURLA, COMPLEX, BANDRA (EAST),
               MUMBAI 400 051

       5       CHIEF SECURITY OFFICER,
               BANK OF BARODA, BARODA CORPORATE CENTRE, C-26,
               G BLOCK, BANDRA KURLA, COMPLEX, BANDRA (EAST),
               MUMBAI 400 051
 WP(C).Nos.26342 OF 2020 & 286 OF 2021

                                    3

       6      ZONAL MANAGER,
              BANK OF BARODA, 4TH FLOOR, M G ROAD, RAILWAY
              STATION COMPLEX, M G ROAD, ERNAKULAM, KOCHI 682 035

       7      MR. ZIYAD RAHUMAN,
              DY ZONAL HEAD, BANK OF BARODA, 4TH FLOOR, M G ROAD,
              METRO RAILWAY STATION COMPLEX, M G ROAD, ERNAKULAM,
              KOCHI 682 035

              R1-7 BY ADV. SMT.R.REMA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-
01-2021, ALONG WITH WP(C).26342/2020(P), THE COURT ON 02-02-2021
DELIVERED THE FOLLOWING:
 WP(C).Nos.26342 OF 2020 & 286 OF 2021

                                    4



                     ANU SIVARAMAN, J
       ================================
          W.P.(C).Nos.26342 of 2020 & 286 of 2021
       ============= ===================
           Dated this the 2nd day of February, 2021


                              JUDGMENT

The subject matter of these writ petitions relates to the transfer

of the petitioner as Zonal Security Officer under the 1 st respondent

Bank to the Regional Office at Vijayawada.

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

Senior Counsel appearing for the respondent Bank.

3. It is submitted by the learned counsel for the petitioner that

the transfer order is clearly vitiated by mala fide and that the

extensive documents produced along with the writ petition would

show the clear mala fide intents of the respondents in issuing such an

order of transfer. It is submitted that the petitioner had been

appointed as Security Officer in the Zonal Office at Ernakulam by

Ext.P1 dated 20.06.2019. It is contended that pursuant to disputes

existing between the petitioner and respondents 6 and 7, transfer of

the petitioner from Ernakulam was effected and Ext.P2 relieving WP(C).Nos.26342 OF 2020 & 286 OF 2021

order was issued to the petitioner without serving a copy of the

transfer order. It is contended by the learned counsel for the

petitioner that the order of transfer was intended only to get back at

the petitioner for having raised objections with regard to harassment

at the hands of respondents 6 and 7. It is submitted that the

petitioner had been suffering from the after effects of Covid-19

infection suffered by him in October, 2020 and that the transfer was

intended only to harass him.

4. It is submitted that the petitioner had initially challenged the

order of transfer by filing the 1 st writ petition which was admitted on

09.12.2020. An interim order was passed by this Court observing that

the petitioner is to be given an opportunity of representing to the

competent authority against his transfer. The submission of the

learned counsel for the respondents that there is an Internal

Complaints Mechanism in the Bank and that the petitioner can raise

his objections with the Executive officer of the Bank by preferring a

representation online was recorded. There was a further direction

that the petitioner shall not be forced to join at Vijayawada till the

grievance is considered. It is stated that the petitioner had submitted WP(C).Nos.26342 OF 2020 & 286 OF 2021

Ext.P34 representation on 14.12.2020 before all the Executive

Directors of the Bank of Baroda. However, by Ext.P35, the petitioner

was informed that the representation has to be submitted to

Sri.S.L.Jain, Executive Director in his official e-mail address, which

was made available to the petitioner. The petitioner did so.

5. While so, Ext.P38 order was issued by another Executive

Director rejecting the complaint of the petitioner. It is submitted

that the specific allegation of the petitioner that he had not been

served with the transfer order and had been relieved without the

benefit of a copy of the transfer order had been completely

misconstrued by the authority which considered the petitioner's

grievance. It is stated that a reading of Ext.P38 would show that the

understanding of the authority was that the petitioner did not

receive the relieving order which was factually incorrect. It is further

submitted by the learned counsel for the petitioner that the

contention that there are no vacancies in Kerala to accommodate the

petitioner is completely untenable and this aspect of the matter

ought to have been specifically considered in the light of the

directions issued by this Court in the earlier writ petition. As stated WP(C).Nos.26342 OF 2020 & 286 OF 2021

above, extensive documents have been produced by the petitioner to

substantiate his contention that his transfer is not required in

administrative exigencies. Ext.P40 transfer policy is also relied on to

contend that there is no 4 year policy as stated in Ext.P38 and the

normal term of office for inter-zonal and inter-region transfers are

service tenure of 6 years or above in the same city/place/centre

within a region. It is stated that for inter-zonal transfers also, the

normal tenure is 6 years. Relying on Ext.P19 Circular with regard to

reorganization of regions also, it is submitted that the Circular itself

specifically provides that the reorganization is to be carried out with

minimum locational displacement of staff.

6. A detailed counter affidavit has been placed on record by the

respondent Bank. It is submitted that the contentions of mala fide

raised by the petitioner are completely without any merit and that

the transfer of the petitioner is ordered only in administrative

exigencies. It is stated that since the petitioner had completed 4

years in the State of Kerala, he was due for a transfer and it was only

in administrative exigencies that he was transferred to the

Vijayawada region. It is submitted that the representations preferred WP(C).Nos.26342 OF 2020 & 286 OF 2021

by the petitioner on 14.12.2020 and 23.12.2020 before the Executive

Directors against his transfer has been considered in detail and

Ext.P38 order has been passed. It is submitted that it is trite law that

transfer is an incidence of service and that this Court would not be

justified in going into the question of the necessity of a transfer

when an order is passed within jurisdiction by an employer.

7. I have considered the contentions advanced at considerable

length. The petitioner had been served only with a relieving order

dated 25.11.2020. It is contended that the copy of the relieving order

had been sent to the petitioner by e-mail and by whatsapp. The

petitioner had approached this Court and interim orders dated

30.11.2020, 09.12.2020 and 18.12.2020 came to be passed. The

petitioner has a specific case that though representation had been

submitted before all the Executive Directors, the petitioner was

specifically informed that it is Sri.S.L.Jain, Executive Director who

has to be approached. Ext.P38 order has been passed admittedly by

another Executive Director of the Bank. Ext.P38 would show that the

specific contention raised by the petitioner that he was not served

with a copy of the transfer order and that only a relieving order had WP(C).Nos.26342 OF 2020 & 286 OF 2021

been issued to him had been misconstrued. The finding in Ext.P38 is

that the petitioner's contention that he did not receive a relieving

order was factually incorrect. The petitioner, as a matter of fact, had

no such contention. The allegations of mala fide are also considered

and rejected in Ext.P38. However, I am of the opinion that in the light

of the interim orders of this Court, the respondents erred in not

considering the specific contentions raised by the petitioner. Ext.P38

to the extent, it does not consider the specific contention that an

order of transfer is liable to be issued to the employee, is completely

untenable. Moreover, the specific contention of the petitioner that

the tenure after which the petitioner is liable to be transferred is 6

years and not 4 years as stated in Ext.P38 also requires a

consideration. The contention of the petitioner with regard to

existence of vacancies in Kerala is also to be considered.

8. In the above view of the matter, I am of the opinion that the

issue is liable to be reconsidered by the appropriate authority in the

Bank after considering the specific contentions raised by the

petitioner as well. In the result, Ext.P38 order is set aside. There will

be a direction to the competent authority in the Bank to take up and WP(C).Nos.26342 OF 2020 & 286 OF 2021

reconsider Ext.P34 objections raised by the petitioner, taking specific

note of the provisions of Ext.P40 transfer guidelines as well as the

requirement of staff and the availability of vacancies within the zone

as claimed by the petitioner. The issue shall be reconsidered in

accordance with law by the appropriate authority within a period of

three weeks from the date of receipt of a copy of this judgment. Till

orders are passed as directed above, the interim order granted by the

Court shall remain in force.

These writ petitions are ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).Nos.26342 OF 2020 & 286 OF 2021

APPENDIX OF WP(C) 26342/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF OM NO.HO:HRM:111:6741 DATED 20.06.2019 OF THE HEAD-HR OPERATIONS.

EXHIBIT P2 TRUE COPY OF ORDER NO.RO/CLT/HRM/1/8 DATED 29.06.2019 OF THE DEPUTY GEN.MANAGER.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES (COVER PAGE, FORWARD AND PAGES 87 TO 90) OF CHAPTER 12 OF SECURITY COMPENDIUM OF BANK OF BARODA.

EXHIBIT P4 TRUE COPY OF LETTER NO.BCC/SEC/110/S-3/657 DATED 06.11.2018 OF THE HEAD (DMS, FM AND COA).

EXHIBIT P5 TRUE COPY OF THE LETTER NO.BCC/SEC/111/S-

29/728 DATED 13.11.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF LETTER NO.ZO/EKM/HRM/01/263 DATED 27.11.2019 ISSUED BY THE GEN.MNGR&ZONAL HEAD.

EXHIBIT P7 TRUE COPY OF THE LETTER NO.BCC/SEC/112/S-

95/59 DATED 20.01.2020 ISSUED BY THE GEN.MNGR HEAD SECURITY, COA, FM AND DMS.

EXHIBIT P8 TRUE COPY OF THE NOTE DATED 22.01.2020 PUT UP BY THE PTR.

EXHIBIT P9 TRUE COPY OF THE NOTE DATED 10.02.2020 PUT UP BY PTR.

EXHIBIT P10 TRUE COPY OF THE NOTE DATED 29.02.2020 PUT UP BY PTR.

EXHIBIT P11 TRUE COPY OF THE LETTER NO.HO/CC/CM/111/380 DATED 11.07.2019 ISSUED BY THE GENERAL MANAGER (OPERATIONS AND SERVICES).

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION/LETTER NO.BCC/SEC/111/S-3/770 DATED 21.11.2020 OF THE CHIEF SECURITY OFFICER.

WP(C).Nos.26342 OF 2020 & 286 OF 2021

EXHIBIT P13 TRUE COPY OF THE LETTER NO.ZO:EKMZ:HRM:

02/PF-47 DATED 06.02.2020 ISSUED BY THE GENERAL MANAGER AND ZONAL HEAD.

EXHIBIT P14 TRUE COPY OF THE LETTER/REPRESENTATION DATED 12.02.2020 SUBMITTED BY THE PETITIONER TO THE GENERAL MANAGER,ERNAKULAM ZONE, WITH COPY TO THE CHIEF SECURITY OFFICER.

EXHIBIT P15 TRUE COPY OF THE SAID SHOW CAUSE NOTICE/LETTER NO.BCC/SEC/112/202 DATED 26.02.2020 ISSUED BY THE 3RD RESP.TO PTR.

EXHIBIT P16 TRUE COPY OF THE DETAILED REPLY SENT BY THE PETITIONER VIDE LETTER DATED 02.03.2020 TO THE 3RD RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE COVID 19 TEST REPORT DATED 10.10.2020 ISSUED BY THE DISTRICT MEDICAL OFFICER, KOTTAYAM.

EXHIBIT P18 TRUE COPY OF THE SCREEN SHOT OF THE WHATSAPP COMMUNICATIONS BETWEEN THE PETITIONER AND THE 4TH RESPONDENT ON 09.11.2020 AND 13.11.2020.

EXHIBIT P19 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 13.11.2020 ISSUED BY THE DOCTOR (MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, KOTHALA) ADVISING THE PETITIONER TO TAKE ABSENCE OF DUTY FOR 10 DAYS FROM 13.11.2020.

EXHIBIT P20 TRUE COPY OF THE CERTIFICATE DATED 18.11.2020 ISSUED BY THE DOCTOR (MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, KOTHALA) ADVISING HIM TO TAKE IN PATIENT TREATMENT FOR 16 DAYS FROM 18.11.2020.

EXHIBIT P21 TRUE COPY OF THE SCREEN SHOT OF THE MESSAGES SENT TO RESPONDENT NO.4 DATED 18.11.2020.

EXHIBIT P21(A) TRUE COPY OF THE SCREEN SHOT OF THE MESSAGE SENT TO RESPONDENT NO.5 AND 18.11.2020. WP(C).Nos.26342 OF 2020 & 286 OF 2021

EXHIBIT P22 TRUE COPY OF THE COMBINED PRINTOUT OF THE E-MAILS DATED 15.11.2020, 18.11.2020 AND 23.11.2020 OF THE PTR.

EXHIBIT P23 TRUE COPY OF THE PRINT OUT OF THE RELIEVING ORDER DATED 25.11.2020, ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P24 TRUE COPY OF THE ABOVE SAID LETTER NO.F.NO.5/5/2012-IR DATED 03.05.2012 ISSUED BY THE MINISTRY OF FINANCE, GOVERNMENT OF INDIA.

EXHIBIT P25 TRUE COPY OF ORDER NO.BCC/HRM/EXE/112/858 DATED 18/11/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P26 TRUE COPY OF THE SCREEN SHOT DATED 02/12/2020 SHOWING RECEIPT OF EXHIBIT P25 OVER WHATSAPP.

EXHIBIT P27 TRUE COPY OF SCREEN SHOT OF RECEIPT OF THE EMAIL ON 25/11/2020 BY THE PETITIONER.

EXHIBIT P28 TRUE COPY OF REVISED ORGANIZATION STRUCTURE OF ZONAL OFFICES & REGIONAL OFFICES WHICH WAS CIRCULATED VIDE BCC:STRHR:112/541 DATED 12/08/2020.

EXHIBIT P29 TRUE COPY OF CIRCULAR BCCC:BR:112/336 DATED 08/06/2020.

EXHIBIT P30 TRUE COPY OF THE TRANSFER POLICY OF THE RESP.BANK ANNOUNCED AS PER CIRCULAR NO.BCC/BR/110/300 DATED 08/06/2018.

EXHIBIT P31 TRUE COPY OF MEDICAL CERTIFICATE DATED 03/12/2020 ISSUED BY THE MEDICAL OFFICER, GOVT. AYURVEDA HOSPITAL.

EXHIBIT P32 TRUE COPY OF MEDICAL CERTIFICATE DATED 04/12/2020 ISSUED FROM THE KERALA INSTITUTE OF MEDICAL SCIENCES, KOTTAYAM, TO THE WIFE OF THE PETITIONER.

WP(C).Nos.26342 OF 2020 & 286 OF 2021

RESPONDENT'S/S EXHIBITS:

ANNEXURE R1 TRUE COPY OF TRANSFER ORDER DATED 18.11.2020 OF VARUGHESE BIJU ISSUED BY THE 2ND RESPONDENT

ANNEXURE R2 TRUE COPY OF RELIEVING ORDER DATED 26.11.2020 OF SAROJINI AMMA SATHEESH KUMAR ISSUED BY THE REGIONAL HEAD, BANK OF BARODA, ERNAKULAM ZONAL OFFICE WP(C).Nos.26342 OF 2020 & 286 OF 2021

APPENDIX OF WP(C) 286/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF OM NO. HO HRM 111.6741 DT. 20-

06-19 OF THE HEAD-HR OPERATIONS

EXHIBIT P2 TRUE COPY OF ORDER NO. RO/CLT/HRM/18 DT.29-

06-2019 OF THE DEPUTY GEN. MANAGER

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES (COVER PAGE, FORWARD AND PAGES 87 TO 90) OF CHAPTER 12 OF SECURITY COMPENDIUM OF BAN OF BARODA

EXHIBIT P4 TRUE COPY OF LETTER NO. BCC/SEC/110/S-3/657 DT 06-11-2018 OF THE HEAD (DMS FM AND COA)

EXHIBIT P5 TRUE COPY OF THE LETTER NO. BCC/SEC/11/S-

29/728 DT 13-11-2019 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P6 TRUE COPY OF LETTER NO. ZO/EKMZ/HRM/01/263 DT 27-11-2019 ISSUED BY THE GEN. MANGR AND ZONAL HEAD

EXHIBIT P7 TRUE COPY OF THE LETTER NO. BCC/SEC/112/S-

49/59 DT 20-01-2020 ISSUED BY THE GEN. MANGR HEAD SECURITY, COA FM AND DMS

EXHIBIT P8 TRUE COPY OF THE NOTE DATED 22-01-2020 PUT UP BY THE PTR

EXHIBIT P9 TRUE COPY OF THE NOTE DATED 10-02-2020 PUT UP BY PTR

EXHIBIT P10 TRUE COPY OF THE NOTE DATED 29-0-2020 PUT UP BY PTR

EXHIBIT P11 TRUE COPY OF THE LETTER NO. HO/CC/CM/111/ 380 DATED 11-07-2019 ISSUED BY THE GENERAL MANAGER (OPERATIONS AND SERVICES)

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION/LETTER NO.

BCC/SEC/111/S-3/770 DATED 21-11-2020 OF THE CHIEF SECURITY OFFICER WP(C).Nos.26342 OF 2020 & 286 OF 2021

EXHIBIT P13 TRUE COPY OF THE LETTER NO. ZO EKMZ HRM 02/PF-47 DT 06-02-2020 ISSUED BY THE GENERAL MANAGER AND ZONAL HEAD

EXHIBIT P14 TRUE COPY OF THE TEMPLATE -ZO DT NIL CONCERNING THE BANK OF BARODA

EXHIBIT P15 TRUE COPY OF THE TEMPLATE -RO DT NIL CONCERNING THE BANK OF BARODA

EXHIBIT P16 COPY OF THE LETTER/REPRESENTATION DATED 12-

02-2020 SUBMITTED BY THE PETITIONER TO THE GENERAL MANAGER, ERNAKULAM ZONE, WITH COPY TO THE CHIEF SECURITY OFFICER

EXHIBIT P17 TRUE COPY OF THE SAID SHOW CAUSE NOTICE/LETTER NO. BCC/SEC/112/202 DT 26-0-

2020 ISSUED BY THE 3RD RESP TO PETR

EXHIBIT P18 TRUE COPY OF THE DETAILED REPLY SENT BY THE PETITIONER VIDE LETTER DATED 02-03-2020 TO THE 3RD RESPONDENT

EXHIBIT P19 TRUE COPY OF THE CIRCULAR NO.

BCC/STRHR/112/541 DTD 12-08-2020 AS TO THE REVISED ORGANIZATION STRUCTURE OF ZONAL OFFICERS AND REGIONAL OFFICES

EXHIBIT P20 TRUE COPY OF THE LETTER NO. ZO/EKMZ/HRM/ 02/3-347 DATED 16-10-2020 OF THE 6TH RESPONDENT

EXHIBIT P21 TRUE COPY OF THE COVID 19 TEST REPORT DT 10-10-2020 ISSUED BY THE DISTRICT MEDICAL OFFICER, KOTTAYAM

EXHIBIT P22 TRUE COPY OF THE SCREEN SHOT OF THE WHATSAPP COMMUNICATION BETWEEN THE PETITIONER AND THE 4TH RESPONDENT ON ON 09- 11-2020 AND 13-11-2020

EXHIBIT P23 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 13-11-2020 ISSUED BY THE DOCTOR (MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, KOTHALA) ADVISING THE PETITIONER TO TAKE ABSENCE OF DUTY FOR 10 DAYS FROM 13-11-2020 WP(C).Nos.26342 OF 2020 & 286 OF 2021

2020 ISSUED BY THE DOCTOR (MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, KOTHALE) ADVISING PTR TO TAKE IN PATIENT TREATMENT FOR 16 DAYS FROM 18-11-2020

EXHIBIT P25 TRUE COPY OF THE SCREEN SHOT OF THE MESAGE SENT TO RESPONDENT NO. 6 DATED 18-11-2020

EXHIBIT P25A TRUE COPY OF THE SCREEN SHOT OF THE MESSAGE SENT TO RESPONDENT NO. 7 DATED 18-11-2020

EXHIBIT P26 TRUE COPY OF THE COMBINED PRINTOUT OF THE E-MAILS DATED 15-11-2020, 18-11-2020 AND 23-11-2020 OF THE PTR

EXHIBIT P27 TRUE COPY OF THE PRINT OUT OF THE RELIEVING ORDER DATED 25-11-2020, ISSUED BY THE 7TH RESPONDENT

EXHIBIT P28 TRUE COPY OF THE ABOVE SAID LETTER NO.

F.NO. 5/5/2012-IR DATED 03-05-2012 ISSUED BY THE MINISTRY OF FINANCE, GOVERNMENT OF INDIA

EXHIBIT P29 TRUE COPY OF THE ORDER NO. BCC/HRM/EXE/ 112/858 DATED 18-11-2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P30 TRUE COPY OF INTERIM ORDER DT 09-12-2020 IN WP 26342/20

EXHIBIT P31 TRUE COPY OF THE PETITIONER'S LETTER DT 14-

12-2020 ADDRESSED TO THE RESPS AND PARTICULARLY MARKED TO THE 6TH RESPONDENT

EXHIBIT P32 TRUE COPY OF THE MEDICAL CERTIFICATE DT 03-

12-2020 ISSUED BY THE MEDICAL OFFICER, GOVT. AYURVEDA HOSPITAL, KOTHALA

EXHIBIT P33 TRUE COPY OF THE FITNESS CERTIFICATE DATED 13-12-2020 ISSUED BY THE MEDICAL OFFICER, GOVT AYURVEDA HOSPITAL KOTHALA

EXHIBIT P34 TRUE COPY OF THE REP/OBJ DATED 14-12-2020 SUBMITTED BY PTR TO THE EXECUTIVE DIRECTOR (EXCLUDING ENCLOSURES)

EXHIBIT P35 TRUE COPY OF THE EMAIL COMMUNICATION DATED WP(C).Nos.26342 OF 2020 & 286 OF 2021

15-12-2020 SENT TO THE PETITIONER BY THE 6TH RESPONDENT

EXHIBIT P36 TRUE COPY OF INTERIM ORDER DT 18-12-2020 IN WP(C) 26342/20

EXHIBIT P37 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28-12-2020

EXHIBIT P38 TRUE COPY OF THE E-MAIL DATED 1-1-2021 ALONG WITH THE LETTER NO. BCC/ED/112 DATED 30-12-2020 OF THE 3RD RESPONDENT

EXHIBIT P39 TRUE COPY OF CIRCULAR BCC.BR.112/336 DT 08-

06-2020

EXHIBIT P40 TRUE COPY OF TRANSFER POLICY OF THE RESPONDENT BANK AS PER CIRCULAR NO.

BCC/BR/110/300 DATED 08-06-2018

EXHIBIT P41 TRUE COPY OF MEDICAL CERTIFICATE DATED 07-

12-2020 ISSUED FROM THE KIMS, KOTTAYAM TO THE PETITIONER'S WIFE

EXHIBIT P42 TRUE COPY OF NOTIFICATION DATED 18-12-2020 ISSUED BY THE GENERAL MANAGER (HRM)

EXHIBIT P43 TRUE COPY OF CIRCULAR BCC/BR/110/155 DATED 23.03.18 REGARDING "BARODA SAMADHAN" INTRODUCING AN ONLINE EMPLOYEE GRIEVANCE REDRESSAL MECHANISM IN BANK

EXHIBIT P44 TRUE COPY OF LETTER DATE 31.12.2020 ISSUED BY SRI MURALI RAMASWAMI AND ANOTHER E.D OF THE BANK

EXHIBIT P45 TRUE COPY MEMORANDUM NO.1/34/2013 IR DATED 29.06.2015 ISSUED BY THE GOVERNMENT OF INDIA

EXHIBIT P46 TRUE COPY OF LETTER BCC.RM:111/HRE/5360 DATED 21.05.19 ISSUED BY THE GEN. MANAGER (HR INTEGRATION & STRATEGIC HR) OF THE RESPONDENT BANK.

EXHIBIT P47 TRUE COPY OF LETTER NO.BCC/SEC/112/448 DT.28.04.2020 ISSUED BY THE GEN.MANAGER (SECURITY)OF THE RESPONDENT BANK WP(C).Nos.26342 OF 2020 & 286 OF 2021

EXHIBIT P48 TRUE COPY OF THE REPRESENTATION DATED 22.01.2021 SUBMITTED BY THE PTR BEFORE THE IST RESPONDENT

RESPONDENT'S/S EXHIBITS:

EXHIBIT R-1 (a) A TRUE COPY OF THE ORDER DTD. 09.12.2020 IN WPC.NO.26342 OF 2020 PASSED BY THIS COURT

EXHIBIT R-1 (b) A COPY OF THE PETITIONER'S APPOINTMENT LETTER NO.PER/HRD/RCT/8404:2013 DATED 31.7.2013

EXHIBIT R-1 (c) THE TERMS AND CONDITIONS IN THE APPOINTMENT LETTER WHICH WAS ACCEPTED BY THE PETITIONER ON 19.8.2013

EXHIBIT R-1 (d) A TRUE COPY OF THE ORDER OF TRANSFER DATED 18.11.2020 OF MR.RAJESH KUMAR RS

EXHIBIT R-1 (e) A TRUE COPY OF THE RELIEVING ORDER ISSUED TO MR.RAJESH KUMAR RS DATED 19.12.2020

EXHIBIT R-1 (f) A TRUE COPY OF THE RELIEVING LETTER DATED 26.11.2020 ISSUED BY THE REGIONAL HEAD, ERNAKULAM ZONAL OFFICE, BANK OF BARODA