Renju Raju vs Kerala Gramin Bank
2021 Latest Caselaw 15457 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                      WP(C) NO. 24428 OF 2020
PETITIONER:
           RENJU RAJU
           AGED 33 YEARS
           S/O. RAJU, CHELAKKAL HOUSE, KEEZHAPPALLY ,
           IRITTY, KANNUR, KERALA.

           BY ADVS.
           P.V.ANOOP
           SRI.PHIJO PRADEESH PHILIP


RESPONDENTS:
     1     KERALA GRAMIN BANK
           HEAD OFFICE, KGB TOWERS, AK ROAD, MALAPPURAM ,
           REPRESENTED BY THE CHAIRMAN 676 519.

    2      THE CHAIRMAN,
           KERALA GRAMIN BANK , HEAD OFFICE, KGB TOWERS AK ROAD,
           MALAPPURAM 676 519.

    3      THE GENERAL MANAGER,
           KERALA GRAMIN BANK, HUMAN SORCERESSES, INDUSTRIAL
           RELATION SECTION, HEAD OFFICE, KGB TOWERS, AK ROAD,
           MALAPPURAM 676 519.

    4      GOVINDA HARINARAYAN,
           AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
           GENERAL MANAGER (HUMAN RESOURCE), KERALA GRAMIN BANK,
           INDUSTRIAL RELATION SECTION, HEAD OFFICE, KGB TOWERS,
           AK ROAD, MALAPPURAM 676 519.

           BY ADVS.
           SRI.M.GOPIKRISHNAN NAMBIAR
           SRI.K.JOHN MATHAI
           SRI.JOSON MANAVALAN
           SRI.KURYAN THOMAS
           SRI.PAULOSE C. ABRAHAM
           SRI.RAJA KANNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24428 OF 2020

                                         2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) issue a writ of mandamus or other appropriate writ or order directing the respondents to transfer the petitioner to any of the 6 branches opted by him in Exhibit P6 or to transfer him to a branch near to his place of residence, in view of his physical ailments and also the prevailing Covid-19 pandemic situation, in the interest of justice. OR,

ii) issue a writ of mandamus or other appropriate writ, order directing the 2nd respondent to consider Exhibit P6 transfer request along with Exhibit P9 and P11 and pass appropriate orders on the same, within such a period of time as this Hon'ble court deems fit, in the interest of justice.

iii) issue a writ of mandamus or other appropriate writ or order directing the respondents to defer all proceedings pursuant to Exhibit P12, until a final decision is taken by the respondents in Exhibit P6, P9 and P11, in the interest of justice.

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

Standing Counsel appearing for the respondent Bank.

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

petitioner has now completed 4 1/2 years of service at the present station

that is Vadakara. He has also been found to be an excess staff in the

Vadakara Branch and is, therefore, liable to be transferred out from WP(C) NO. 24428 OF 2020

Vadakara. It is submitted that petitioner has submitted Ext.P17

representation in terms of the Transfer Guidelines before the Chairman

with copy to the General Manager and seeks an expeditious

consideration of the same taking note of Clause 15.2 and 11 of the

Transfer Policy.

4. The learned Standing Counsel appearing for the respondents

would contend that since the petitioner has moved Ext.P17 before the

respondents, the appropriate authority in the respondents will consider

Ext.P17 specifically in terms of Ext.R1(b) Transfer Guidelines and an

appropriate order shall be passed without delay.

In the above view of the matter, this writ petition is disposed of

with a direction to the appropriate authority in the 1 st respondent to

take up, consider and pass orders on Ext.P17 request made by the

petitioner specifically referring to the Transfer Guidelines especially

Clause 11 and 15.2 thereof within a period of three weeks from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 24428 OF 2020

APPENDIX OF WP(C) 24428/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF APPRECIATION DATED 14.8.2019 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 2.3.2017 PASSED BY THE DISCIPLINARY AUTHORITY CHIEF MANGER OF THE KERALA GRAMIN BANK.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 09.05.2019 IN CC NO. 97/2017 ON THE FILES OF THE GRAMA NYAYALAYA IRITTY.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 07.11.2016 PASSED BY THE CHIEF MANAGER, KERALA GAMIN BANK.

EXHIBIT P5 TRUE COPY OF THE GENERAL TRANSFER 2020 DATED 11.3.2020 ISSUED BY THE GENERAL MANAGER, KERALA GRAMIN BANK.

EXHIBIT P6 TRUE COPY OF THE TRANSFER REQUEST MADE BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DAD 31.1.2020 LODGED BY MR. ASHUTHOSH KUMAR V.R., BEFORE THE KERALA STATE COMMISSION FOR SCHEDULED CASTES AND SCHEDULED TRIBES.

EXHIBIT P8 TRUE COPY OF THE MEDICAL EXAMINATION REPROT DATED 3.12.2019 ISSUED FROM SKY- SUPER SPECIALTY HOSPITAL.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LIST OF VACANCIES AVAILABLE AT VARIOUS BRANCHES OF THE KERALA GAMIN BANK NEAR T THE PLACE OF RESIDENCE TO THE PETITIONER.

WP(C) NO. 24428 OF 2020

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 10.08.2020 TO THE SECOND RESPONDENT SEEKING TO PASS APPROPRIATE ORDERS ON HIS REQUEST TRANSFER.

EXHIBIT P12 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 30.9.2020 ISSUED BY THE 3RD RESPONDENT.

TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 3RD RESPONDENT IN EXHIBIT P7 EXHIBIT P13 PROCEEDINGS BEFORE THE KERALA STATE SC-ST COMMISSION

RESPONDENT EXHIBITS

EXHIBIT R1A TRUE COPY OF THE RELEVANT PORTION OF KERALA GRAMIN BANK (OFFICERS AND EMPLOYEES) SERVICE REGULATIONS 2013 DATED 23/08/2013.

EXHIBIT R1B TRUE COPY OF THE RELEVANT PORTION OF TRANSFER POLICY 2020-2.