Kerala High Court
Baiju H.N vs The Regional Manager on 10 June, 2025
2025:KER:40701
WP(C) NO. 40415 OF 2016
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(C) NO. 40415 OF 2016
PETITIONER:
BAIJU H.N
AGED 38, S/O. HRISHIKESAN NAIR,SHIJU NIVAS,
ARASUPARAMBU,NEDUMANGADU P.O., THIRUVANANTHAPURAM
DISTRICT.
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SRI.K.K.AKHIL
RESPONDENTS:
1 THE REGIONAL MANAGER
PUNJAB NATIONAL BANK, REGIONAL OFFICE,
THIRUVANANTHAPURAM - 695 001.
2 THE SENIOR MANAGER
PUNJAB NATIONAL BANK, ZONAL OFFICE,KOZHIKODE - 673 001.
3 THE DEPUTY GENERAL MANAGER
PUNJAB NATIONAL BANK, H.R.D DIVISION,HEAD OFFICE, NEW
DELHI - 110 001.
4 THE CHAIRMAN AND MANAGING DIRECTOR
PUNJAB NATIONAL BANK, HEAD OFFICE,NEW DELHI - 110 001.
BY ADV SHRI.SANTHEEP ANKARATH, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:40701
WP(C) NO. 40415 OF 2016
2
JUDGMENT
The petitioner has approached this Court seeking the
following reliefs:
"i) Issue a writ of certiorari or such other
writ order or direction quashing the
decision in Exhibit - P7.
ii) Issue a writ of mandamus or such other
writ order or direction directing the
respondents to appoint the petitioner as
driver in the service of the bank forthwith.
And
iii) Grant such other writ, order or direction
as the Hon'ble Court may deem fit and
proper in the facts and circumstances of the
case."
2. Ext.P7, which is under challenge, is a letter
issued to the petitioner on 30.12.2015 by the HRD Department,
Circle Office, Ernakulam of the respondent - Bank. It is stated
therein that the representation submitted by the petitioner on
10.12.2015 could not be considered favourably. The petitioner
submitted a representation to the Bank requesting to consider
him for regular appointment as driver. He approached this Court
2025:KER:40701
WP(C) NO. 40415 OF 2016
in W.P.(C)No.11909 of 2015. The Writ petition was disposed of by
Ext.P5 judgment dated 09.04.2015. This Court directed the Senior
Manager, Punjab National Bank to consider the request for
absorption submitted by the petitioner. It is pointed out by the
respondent-Bank that the request was considered, and Ext. R1(A),
produced along with the counter affidavit of the Bank, was the
decision taken on 10.12.2015. The Bank considered the request
of the petitioner and informed that it had decided to fill some of
the vacancies of Peons from the personal drivers engaged by the
Senior Executives of the Bank, subject to certain eligibility
conditions. Those conditions have been clearly mentioned in
Ext.R1(A). It is further stated in Ext.R1(A) that the petitioner was
asked to report at Circle Office, Ernakulam, as there was a
vacancy of personal driver. Ext.P3 was issued on 01.11.2010.
Nonetheless the petitioner did not turn up. The Bank pointed out
in Ext.R1(A) that the petitioner was not working as a personal
driver when the Bank decided to fill some Peon vacancies from
personal drivers. Hence, the benefit of the said decision could not
be extended to the petitioner. Bank therefore, rejected his
request stating the aforesaid reasons.
2025:KER:40701
WP(C) NO. 40415 OF 2016
3. It is pointed out in paragraph No.5 of the counter
affidavit filed by the Bank that the petitioner had approached this
Court in W.P.(C)No.38570/2010 praying for regularisation as
driver. The said writ petition was dismissed by this Court on
08.02.2011. The relevant observations of this Court are extracted
in paragraph No.5 of the counter affidavit, which reads as follows:
"The Bank in question is a
nationalised Bank. The employment as a
driver in a nationalised bank is a public
employment. Every qualified person is
entitled to compete for selection to that post.
Therefore, unless the petitioner satisfies this
Court that he was initially engaged after
undergoing a selection process in which
other qualified persons were also given an
opportunity to participate, the petitioner
cannot claim regularisation. The petitioner
has not produced any material to show that
the petitioner was actually engaged after
undergoing a selection process known to law.
For that reason alone, the writ petition is
liable to be dismissed. Apart from that, the
petitioner was only a personal driver of the
officer of the bank and not appointed as an
employee of the bank itself. For the above
reasons, the writ petition is dismissed."
4. It is therefore, clear that the petitioner had
sought regularisation in W.P(C)No.38570/2010 and this Court had
rejected the prayer of the petitioner. Again as a matter of
indulgence, in the second writ petition, this Court directed the
2025:KER:40701
WP(C) NO. 40415 OF 2016
competent authority of the Bank to consider the request of the
petitioner. The Bank has for valid reasons stated in Ext.R1(A),
rejected the request of the petitioner. This is the third writ
petition filed by the petitioner on the same cause, again seeking
the same reliefs.
In view of the judgment of this Court in W.P.
(C)No.38570/2010, no relief can be granted to the petitioner in
this writ petition. It is also noticed that the Bank has given valid
reasons in Ext.R1(A) for rejection. In the said circumstances, no
interference is called for. The writ petition fails and is accordingly
dismissed.
Sd/-
S.MANU
JUDGE
rp
2025:KER:40701
WP(C) NO. 40415 OF 2016
APPENDIX OF WP(C) 40415/2016
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE LETTER ADDRESSED BY THE
ASSISTANT GENERAL MANAGER TO THE 3RD RESPONDENT
ON 05.12.2008 ALONG WITH THEDETAILS OF THE
PETITIONER.
EXT.P2 TRUE COPY OF THE SERVICE DETAILS SENT BY THE
ASSISTANT GENERAL MANAGER ON 18.6.2010.
EXT.P3 TRUE COPY OF THE LETTER DATED 01.11.2010.
EXT.P4 TRUE COPY OF THE INFORMATION RECEIVED BY THE
FRIEND OF THE PETITIONER DATED 06.2.2015 ALONG
WITH THE ORDER OF APPOINTMENT.
EXT.P5 TRUE COPY OF THE JUDGMENT DATED 09.4.2015 IN
WPC NO. 11909/2015 OF THIS HON'BLE COURT.
EXT.P6 TRUE COPY OF THE LETTER (REP) DATED 10.12.2015
SUBMITTED BY THE PETITIONER TO THE SECOND
RESPONDENT.
EXT.P7 TRUE COPY OF THE COMMUNICATION BEARING DATED
30.12.2015.
RESPONDENT'S EXHIBITS
EXT.R1(A) - TRUE COPY OF LETTER DATED 10.12.2015 ISSUED TO THE
PETITIONER BY THE RESPONDENT BANK.
