Rosely Johny vs The Managing Director
2021 Latest Caselaw 1101 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                     WP(C).No.13043 OF 2011(E)


PETITIONER:
              ROSELY JOHNY
              MUDIYIL HOUSE, UZHAVOOR P.O., KOTTAYAM.

              BY ADV. SRI.B.KRISHNA MANI

RESPONDENTS:
       1     THE MANAGING DIRECTOR,
             STATE BANK OF TRAVANCORE, POOJAPPURA,,
             THIRUVANANTHAPURAM-695012.

      2       THE ZONAL MANAGER
              ZONAL OFFICE, STATE BANK OF TRAVANCORE,,
              KOTTAYAM-686001.

      3       THE ASSISTANT GENERAL MANAGER
              ZONAL OFFICE, REGION-III,, STATE BANK OF TRAVANCORE,
              KOTTAYAM-686001.

      4       THE BRANCH MANAGER
              STATE BANK OF TRAVANCORE,, UZHAVOOR, KOTTAYAM-686634.

      5       THE BRANCH MANAGER
              STATE BANK OF TRAVANCORE,, KIDANGOOR, KOTTAYAM-
              686572.

      6       THE BRANCH MANAGER
              STATE BANK OF TRAVANCORE,, MONIPPALLY, KOTTAYAM
              DISTRICT-686636.

      7       THE BRANCH MANAGER
              STATE BANK OF TRAVANCORE,, KURUPPAMPADI, KOTTAYAM
              DISTRICT-686633.

      8       SINDU P.K., AKKAMALAYIL
              UZHAVOOR P.O., KOTTAYAM-686634.

              SRI.P.RAMAKRISHNAN, SC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.13043 OF 2011(E)

                                    2




                              JUDGMENT

Dated this the 12th day of January 2021

This writ petition has been filed as early as in the year

2011 seeking directions to respondents 1 to 7 to appoint her

as a part time sweeper in the State Bank of Travancore. The

petitioner has also prayed that respondents 1 to 7 be directed

to terminate the appointment of 8 th respondent as being illegal

and unlawful.

2. Sri.P.Ramakrishnan, the learned standing counsel for

the respondent Bank, submits that this writ petition has now

become infructuous on account of efflux of time and that, in

any event of the matter, she was not entitled to any relief since

she was already over aged at the relevant time. He, therefore,

prayed that this writ petition be dismissed.

3. I have examined the pleadings on record and have also

considered the prayers made.

4. As rightly stated by Sri.P.Ramakrishnan, this matter

has been pending on the files of this Court for the last more

than nine years without any orders except one, which was

issued by a learned Judge of this Court on 26.06.2012, WP(C).No.13043 OF 2011(E)

wherein the learned standing counsel for the Bank was

directed to obtain instructions if there are vacancies for

appointment as part time sweeper and whether the petitioner

can be considered to such appointment. However, since

P.Ramakrishnan now says the petitioner was neither

considered for appointment nor granted any such on account

of the fact that she was over aged, I am certain that no further

reliefs can be granted to her in this writ petition at this

distance of time.

In the afore circumstances, this writ petition will stand

dismissed.

                                             Sd/- DEVAN RAMACHANDRAN

    Stu                                               JUDGE
 WP(C).No.13043 OF 2011(E)




                                  APPENDIX
    PETITIONER'S EXHIBITS:

    EXHIBIT P1              TRUE COPY OF THE VOUCHER ISSUED BY THE
                            BANK.

    EXHIBIT P2              TRUE COPY OF THE VOUCHER DATED 25/01/2005
                            ISSUED BY THE BANK.

    EXHIBIT P3              TRUE COPY OF THE VOUCHER DATED 27/11/2007
                            ISSUED BY THE BANK.

    EXHIBIT P4              TRUE COPY OF THE VOUCHER DATED 21/07/2009
                            ISSUED BY THE BANK.

    EXHIBIT P5              TRUE COPY OF THE VOUCHER DATED 28/07/2009
                            ISSUED BY THE BANK.

    EXHIBIT P6              TRUE COPY OF THE VOUCHER DATED 18/08/2009
                            ISSUED BY THE BANK.

    EXHIBIT P7              TRUE COPY OF THE VOUCHER DATED 24/08/2009
                            ISSUED BY THE BANK.

    EXHIBIT P8              TRUE COPY OF THE VOUCHER DATED 23/06/2010
                            ISSUED BY THE BANK.

    EXHIBIT P9              TRUE COPY OF THE NOTIFICATION DATED

05/07/2010 FOR THE RECRUITMENT OF PART TIME SWEEPER ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE CALL LETTER DATED 08/07/2010 FOR AN INTERVIEW.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED NIL TO THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 26/11/2010 BEFORE THE 1ST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE SCHOOL CERTIFICATE OF THE PETITIONER FROM THE ST.EPHREMS UPPER PRIMARY SCHOOL, KAVEEKUNNU.

EXHIBIT P14 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER.

WP(C).No.13043 OF 2011(E)

EXHIBIT P15 TRUE COPY OF THE STATEMENT OF ACCOUNTS.

EXHIBIT P16 TRUE COPY OF THE COMPLAINT DATED 15/11/2010 FILED BY THE PETITIONER BEFORE THE BANKING OMBUDSMAN.