Kerala High Court
Vimosh T V vs State Bank Of India on 6 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 31699 OF 2024 : 1 :
2024:KER:67959
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA,
1946
WP(C) NO. 31699 OF 2024
PETITIONER:
VIMOSH T V, AGED 40 YEARS
S/O. LATE VENUGOPAL CHIEF MANAGER,
STATE BANK OF INDIA BYPASS,
ERNAKULAM, PIN - 682032
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENTS:
1 STATE BANK OF INDIA
REP. BY ITS CHAIRMAN STATE BANK BHAWAN,
M.C. ROAD, NARIMAN POINT, MUMBAI,
MAHARASHTRA, PIN - 400021
2 THE DEPUTY MANAGING DIRECTOR & CORPORATE
DEVELOPMENT OFFICER
STATE BANK OF INDIA,
CORPORATE OFFICE MUMBAI, PIN - 400001
3 CHIEF GENERAL MANAGER
STATE BANK OF INDIA, LOCAL HEAD OFFICE
THIRUVANANTHAPURAM, PIN - 695012
4 ASSISTANT GENERAL MANAGER
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HUMAN RESOURCES DEPARTMENT,
SBI LOCAL HEAD OFFICE,
THIRUVANANTHAPURAM, PIN - 695012
5 THE REGIONAL MANAGER
REGIONAL BUSINESS OFFICE - II STATE BANK OF
INDIA, ERNAKULAM, PIN - 682031
R BY SC SRI.RAMAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is working as Chief Manager
(SMGS-IV) in State Bank of India. By Ext.P7 order
dated 31.05.2024, the petitioner was transferred
to Local Head Office, Chennai. Aggrieved by
Ext.P7, he filed Ext.P8 representation before the
4th respondent seeking exemption from transfer
under Ext.P4 Caregiver policy. During the
pendency of the same, he was issued with Ext.P9
relieving order. Challenging Exts.P7 and P9
orders, the petitioner filed W.P.(C) No.27251 of
2024 before this Court and this Court, by Ext.P12
judgment dated 12.08.2024, disposed of the said
writ petition. Paragraph No.8 of the said judgment
reads as follows:
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"8. Since it is submitted
that the petitioner has not
produced the copy of the disability
certificate or other details
regarding the illness of his wife,
there will be a direction to the
petitioner to produce before the 4 th
respondent the necessary
certificates relating to the illness of
his wife for getting the benefit of
Exts.P4 and P13 or for
compassionate consideration,
within 5 working days from today.
On receipt of the said certificates,
the 4th respondent shall revisit
Annexure-D and pass appropriate
orders in accordance with law.
Orders shall be passed within a
period of two weeks from the date
of receipt of the certificates from
the petitioner. The 4th respondent
shall also consider the alternative
request of the petitioner to
accommodate him anywhere in the
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Kerala circle."
2. Pursuant to the directions in Ext.P2
judgment, the 4th respondent passed Ext.P14
order, rejecting the request of the petitioner.
Paragraph No.4 of the said order reads as follows:
"4. The Ext. P4 circular
specifically states that "The
employees have to submit copy of
disability certificate issued by the
designated authority in respect of
their disabled dependent to the
Bank." As the Officer herein had
failed to submit the required
Disability Certificate to establish
his entitlements, if any under the
said policy, the Officer was
specifically requested during the
personal hearing to produce the
said Certificate. He was also given
5 more days to produce the said
Certificate. Even after giving all
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the above opportunities, the officer
has not produced the required
Disability certificate for the
reasons better known to him. In
the said circumstances, I am of the
considered view that the Officer
cannot be extended the benefit of
Bank's Caregiver Policy for the
reasons explained above. However,
it will be open for the Officer to
submit the required certificate
/documents at any time to avail the
benefits of Caregiver Policy as per
Ext. P4 instruction of the bank."
(underlining supplied)
3. The learned counsel for the petitioner
submits that the petitioner obtained the copy of
Ext.P13 disability certificate from the Medical
Board only on 02.09.2024 and immediately on
receiving the same, he has forwarded it to the 4 th
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respondent. The petitioner also submitted Ext.P15
representation to the 4th respondent to consider his
request on the basis of Exts.P4 and P6 Circulars.
4. As stated above, the 4th respondent has,
in Ext.P14 order, stated that, it will be open for the
petitioner to submit the required certificate/
documents at any time to avail the benefits of
Caregiver policy as per Ext.P4 Circular of the
Bank. The petitioner has submitted the reason for
not making available Ext.P13 disability certificate
at the time of hearing.
5. In the said circumstances, to meet the
ends of justice, there will be a direction to the 4 th
respondent to consider Ext.P15 request of the
petitioner in the light of Ext.P13 disability
certificate as observed in paragraph No.4 of
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Ext.P14 order and in accordance with law, as
expeditiously as possible, at any rate, within a
period of ten days from the date of receipt of a
copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
2024:KER:67959
APPENDIX
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE CERTIFICATE ISSUED BY DR.
E MOHANDAS OF SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR DATED 29.07.2024
Exhibit-P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED
18.01.2014 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR FROM DR. E MOHANDAS
Exhibit- TRUE COPY OF THE DISCHARGE SUMMARY DATED
P2(a) 29.01.2014 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR
Exhibit- TRUE COPY OF THE DISCHARGE SUMMARY DATED
P2(b) 15.05.2016 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR
Exhibit- TRUE COPY OF THE DISCHARGE SUMMARY DATED
P2(c) 03.08.2018 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR
Exhibit- TRUE COPY OF THE DISCHARGE SUMMARY DATED
P2(d) 06.06.2020 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR
Exhibit- TRUE COPY OF THE DISCHARGE SUMMARY DATED
P2(e) 22.06.2020 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR
Exhibit- TRUE COPY OF THE DISCHARGE SUMMARY DATED
P2(f) 02.12.2020 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR
Exhibit- TRUE COPY OF THE DISCHARGE SUMMARY DATED
P2(g) 10.06.2024 FROM SUN MEDICAL AND RESEARCH
CENTRE, THRISSUR
Exhibit- TRUE COPY OF THE OP SUMMARY DATED
P2(h) 26.07.2023
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Exhibit-P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED
08.10.2018 GOVT. OF INDIA, MINISTRY OF
PERSONNEL, PUBLIC GRIEVANCES & PENSION
Exhibit-P4 TRUE COPY OF THE GUIDELINES ISSUED BY THE
1ST RESPONDENT DATED 07.02.2019
Exhibit-P5 TRUE COPY OF THE RELEVANT DEATH SUMMARY OF
THE 26 DAYS MALE BOY FROM ASTER MEDCITY,
ERNAKULAM DATED 10.10.2022
Exhibit-P6 TRUE COPY OF THE MODEL TRANSFER POLICY
REVIEW 2022 OF THE 1ST RESPONDENT
Exhibit-P7 TRUE COPY OF THE PRINTOUT OF THE ORDER OF
TRANSFER DATED 31.05.2024
Exhibit-P8 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 03.06.2024 ALONG
WITH TYPED COPY
Exhibit-P9 TRUE COPY OF THE ORDER OF THE RELIEVING
ISSUED BY THE 5TH RESPONDENT DATED
26.07.2024
Exhibit-P10 TRUE COPY OF THE COMMUNICATION FROM THE
4TH RESPONDENT THROUGH MAIL DATED
25.07.2024
Exhibit-P11 TRUE COPY OF THE COMMUNICATION DATED
30.07.2024
Exhibit-P12 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO. 27251/2024 DATED
12.08.2024
Exhibit-P13 TRUE COPY OF THE DISABILITY CERTIFICATE
ISSUED BY THE MENTAL HEALTH CENTRE,
THRISSUR DATED 02.09.2024
Exhibit-P14 TRUE COPY OF THE ORDER DATED 31.08.2024
ISSUED BY THE 4TH RESPONDENT
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Exhibit-P15 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 04.09.2024
Exhibit-P16 TRUE COPY OF THE LIST OF OFFICERS OBTAINED
FROM THE WEBSITE
