Citation : 2021 Latest Caselaw 22734 Ker
Judgement Date : 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 25799 OF 2021
PETITIONER:
1 P.J.PAUL
AGED 63 YEARS
S/O LATE P.P.JOSE, PALATHINGAL HOUSE,
CHURCH BAKERY ROAD, KATTOOR P.O.
THRISSUR DISTRICT, KERALA PIN-680 702
BY ADVS.
RENIL ANTO KANDAMKULATHY
THOMAS JACOB
G.BINDU
RESPONDENTS:
1 STATE BANK OF INDIA
REPRESENTED BY THE CHIEF GENERAL MANAGER,
LOCAL HEAD OFFICE, THAMPANOOR,
THIRUVANANTHAPURAM-695 001
2 THE GENERAL MANAGER
NETWORK-1, STATE BANK OF INDIA,
LOCAL HEAD OFFICE, POOJAPPURAM,
THIRUVANANTHAPURAM
BY ADV. SRI.P GOPAL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC NO.25799 OF 2021
2
JUDGMENT
Dated this the 19th day of November, 2021
The petitioner who was working under the first
respondent was given an in-cadre promotion with
effect from 01.10.2005. Thereafter, he was promoted
as Senior Special Assistant with special allowance.
Though he was given promotion in JMG scale 1 with
effect from 12.08.2009, he was denied the scale of
pay in JMG scale. He filed Ext.P3 representation
which was dismissed, against which Ext.P7 appeal
was filed before the first respondent challenging
Ext.P6. The limited prayer sought by the petitioner is
for an earlier disposal of Ext.P7.
2. When the matter was taken up, Adv. P.
Gopal, the learned Standing Counsel for the
respondent bank submitted that there is no provision
for appeal and if this Court so pleases, the second
respondent who is the Controlling Officer, in that
capacity can be permitted to consider it as WPC NO.25799 OF 2021
representation challenging Ext.P6 and can be
disposed of.
3. Having heard both sides, I am inclined to
dispose of the Writ Petition itself, directing the second
respondent-Controlling Officer to take up, consider
and dispose of Ext.P7 representation, as expeditiously
as possible, at any rate, within a period of two
months, from the date of receipt of a copy of this
judgment, after giving a reasonable opportunity of
being heard to the petitioner, either physically or
online. The learned Counsel shall submit a copy of
Ext.P7 in advance to the second respondent along
with a copy of the judgment to enable him to post the
matter for hearing.
The Writ Petition is disposed of accordingly.
Sd/-
SUNIL THOMAS
JUDGE SKP/19-11 WPC NO.25799 OF 2021
APPENDIX OF WP(C) 25799/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS DATED 1.10.2005 OF THE BRANCH MANAGER
EXHIBIT P2 A TRUE COPY OF THE SIGN ON DETAILS OF THE PETITIONER PUBLISHED BY THE BANK
EXHIBIT P3 A TRUE COPY OF REPRESENTATION MADE ON 7.10.2010 TO THE 2ND RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 20.11.2010
EXHIBIT P5 A TRUE COPY OF THE SAID ORDER DATED 20.1.2021 IN WPC NO 18313 OF 2011
EXHIBIT P6 A TRUE COPY OF THE ORDER PASSED BY HEAD OF THE ADMINISTRATIVE OFFICE (ERSTWHILE ZONAL OFFICE), DGM (B & O) THIRUVANANTHAPURAM ON 31.3.2021
EXHIBIT P7 A TRUE COPY OF THE APPEAL FILED ON 26.5.2021 ALONG WITH THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF THE SAME COLLECTIVELY
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
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