IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 14822 of 2004(M) ------------------------------------ PETITIONER : - ---------------------- K.V.BABURAJ , S/O. KUNHIKANNAN, AGED 47 YEARS, ASSISTANT (ACCOUNTS) STATE BANK OF INDIA, KUTHUPARAMBA, RESIDING AT 'VIVEK', PERALASSERY, POST MUNDALLUR, KANNUR DIST. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS : - -------------------------- 1. THE ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, REGION III, ERNAKULAM. 2. THE REGIONAL MANAGER, STATE BANK OF INDIA, REGION III, S.B.I.ZONAL OFFICE, ERNAKULAM. R1 & R2 BY ADV. SRI.GEORGE THOMAS (MEVADA), SC, SBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14822 of 2004(M) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF APPOINTMENT LETTER DATED 23.08.2001 PROMOTING THE PETITIONER AS SENIOR ASSISTANT ISSUED BY THE BANK MANAGER / HEAD OF THE DEPARTMENT. EXT P2 : COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 27.9.01 SUBMITTED BY ALONG WITH A DUPLICATE OF EXHIBIT P1. EXT P3 : ONE SUCH REPRESENTATION SUBMITTED BY THE PETITIONER DATED 12.08.02 BEFORE THE 2nd RESPONDENT. EXT P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2nd RESPONDENT DATED 19.07.03. EXT P5 : COPY OF THE COMMUNICATION ISSUED BY THE 1st RESPONDENT TO THE PETITIONER DATED 30.07.03. EXT P6 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1st RESPONDENT DATED 11.09.03. EXT P7 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT W.P.C. 31825 OF 2003 DATED 10.10.03. EXT P8 : COPY OF THE ORDER OF THE 1st RESPONDENT DATED 02.01.04 AND SEND TO THE PETITIONER BY THE END OF JANUARY 2004. RESPONDENTS' EXHIBITS: EXT R1 (a) : COPY OF THE STAFF CIRCULAR NO. 9 DATED 22.06.1999. EXT R1 (b) : COPY OF LETTER SENT BY THE CHIEF MANAGER DATED 29.08.2001. EXT R1 (c) : COPY OF LETTER SENT BY THE PETITIONER DATED 27.08.2001. TRUE COPY P.A. TO JUDGE DMR/- B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.14822 of 2004 - - - - - - - - - - - - - - - - Dated this the 24th day of October, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: a) Issue a writ of certiorari or such other appropriate writ order or direction quashing the originals of Ext.P8 order dated 02.01.2004. b) Declare that the petitioner is entitled to be promoted as Senior assistant with effect from 01.04.2001 itself with all benefits thereon. c)Issue a writ of mandamus or such other appropriate writ order or direction directing the respondents to promote the petitioner with effect from 01.04.2001 with all consequential benefits in the interests of justice. 2. The petitioner is working as an Assistant (Accounts) in the State Bank of India, Kuthuparamba, Kannur. He was completed 17 years of service in 2001. By Ext.P1 appointment letter dated 23.08.2001, the petitioner has got promotion to the post of Senior Assistant on completion of 17 years. The petitioner requested the respondent Bank not to transfer him for a period of one year. Since the petitioner refused to join the new positing and requested the Bank to continue at the same place, it was construed by the Bank that the petitioner has not W.P.(C) No. 14822/2004 :2: accepted the promotion and refused to join the new posting on promotion. The petitioner preferred a writ petition before this Court as W.P.(C) No. 31825 of 2003. By order dated 10.10.2003 this Court directed the respondent Bank to consider the representation of the petitioner. Vide Ext.P8, the representation of the petitioner is rejected. 3. The learned counsel for the Bank submits that Ext.R1(a) makes it absolutely clear that any eligible employee, refusing to accept the appointment of Senior Assistant or Special Assistant for what ever reason, will not be considered for appointment within a period of three years from the 1st April of the relevant year. Accordingly, the petitioner was denied promotion as he refuses to join the new posting on the ground that he was constructing his house. Therefore, he is not in a position to join the new posting. Therefore I do not find any merit in the writ petition. Accordingly, this writ petition is dismissed. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 14822/2004 :3: B.P. RAY, J. ----------------------------------------------------------- W.P.(C) No. 14822/2004 :4: O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT