Noorjahan M.I vs State Bank Of India
2021 Latest Caselaw 2415 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.24577 OF 2020(V)


PETITIONER:

               NOORJAHAN M.I.,
               AGED 29 YEARS
               MESSENGER, STATE BANK OF INDIA,
               MADAVOOR BRANCH, KARUNA BUILDING,
               MADAVOOR, PALLICKAL P.O.,
               THIRUVANANTHAPURAM DISTRICT, PIN - 695 602.

               BY ADVS.
               SRI.S.P.ARAVINDAKSHAN PILLAY
               SMT.N.SANTHA
               SRI.SAJU JOHN
               SRI.V.VARGHESE
               SRI.PETER JOSE CHRISTO
               SRI.S.A.ANAND
               SMT.K.N.REMYA
               SMT.L.ANNAPOORNA
               SRI.VISHNU V.K.
               KUM.ABHIRAMI K. UDAY
               SRI.KURUVILLA SABU CHRISTY

RESPONDENTS:

      1        STATE BANK OF INDIA,
               REPRESENTED BY ITS CHAIRMAN, CORPORATE CENTRE,
               STATE BANK BHAVAN, MADAM CAMA ROAD, MUMBAI - 400 021.

      2        CHIEF GENERAL MANAGER (HR)
               STATE BANK OF INDIA, CORPORATE CENTRE,
               STATE BANK BHAVAN, MADAM CAMA ROAD, MUMBAI - 400 021.

      3        DEPUTY GENERAL MANAGER (B AND O)
               STATE BANK OF INDIA, ADMINISTRATIVE OFFICE,
               THIRUVANANTHAPURAM, PIN -695012.

               R1-3 BY ADV. SRI.GEORGE THOMAS (MEVADA)(SR.)
               R1-3 BY ADV. SRI.AMAL GEORGE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24577 OF 2020

                                     2




                              JUDGMENT

The facts raised in this writ petition are almost identical to the

contentions in W.P.(C).No.14352/2019. The said writ petition has been

disposed of by judgment dated 11.01.2021. It was found that the

creation of posts and the methods of promotion and necessity for

filling up of posts are matters which are to be decided by the

employer. It was further found that in case there is any contention

that bipartite agreements have been violated, the remedy is under the

provisions of the Industrial Disputes Act.

2. It was further recorded that no change is being brought about to

the promotion policy where two channels, that is, the merit channel

of promotion and the normal channel were provided and that if no

steps are taken to make promotions in pursuance to the staff

regulations and the promotion policy, the employees of the Bank will

have a right to seek promotions in accordance with law.

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

issue raised in this writ petition is also substantially covered by the WP(C).No.24577 OF 2020

judgment in W.P.(C).No.14352/2019. This writ petition is also disposed

of on the same terms. However, in case the promotion policy as

provided by Ext.P1 recruitment rules remains unchanged and if no

steps are taken to effect promotions as provided in Ext.P1, the

petitioner shall be free to take recourse to appropriate remedies in

accordance with law.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.24577 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE HR HAND BOOK UPDATED AS ON 30/09/2020 BY THE HUMAN RESOURCES DEPARTMENT OF THE BANK.

EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 16/04/2008 BETWEEN STATE BANK OF INDIA AND ALL INDIA STATE BANK OF INDIA STAFF FEDERATION.

EXHIBIT P3 TRUE COPY OF RELEVANT EXTRACT OF THE HR HAND BOOK VOL.II AS UPDATED AS ON 31/03/2016.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.1474/2015-16 DATED 03/03/2016 ALONG WITH THE RELEVANT EXTRACT OF THE MASTER CIRCULAR.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.HR/IR/RKS/85 DATED 08/04/2019 OF THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.HR/IR/PKR/823 DATED 29/09/2020 OF THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 06/10/2020 OF THE 3RD RESPONDENT ALONG ITS ANNEXURE.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 15/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL