IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST DAY OF AUGUST 2011/10TH SRAVANA 1933 WP(C).No. 20014 of 2011 (B) --------------------------- PETITIONER(S): ------------- RAJAGOPALAN NAIR.B, SPECIAL ASSISTANT, RESERVE BANK OF INDIA THIRUVANANTHAPURAM. BY ADVS.SRI.N.NAGARESH SRI.SHAJI THOMAS SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): -------------- 1. ASSISTANT GENERAL MANAGER, RESERVE BANK OF INDIA, DEPARTMENT OF ADMINISTRATION AND PERSONNEL MANAGEMENT BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033. 2. RESERVE BANK OF INDIA, REPRESENTED BY ITS PRINCIPAL CHIEF GENERAL MANAGER NEW DELHI-110 001. 3. JAYADEV.N, WORD PROCESSING ASSISTANT, RESERVE BANK OF INDIA BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033. 4. NIRMALA DEVI.N, WORD PROCESSING ASSISTANT, RESERVE BANK OF INDIA BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033. 5. CHANDU NAIK.G, WORD PROCESSING ASSISTANT, RESERVE BANK OF INDIA BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033. 6. RAJAN VARGHESE, RESERVE BANK OF INDIA, BAKERY JUNCTION THIRUVANANTHAPURAM-695 033. BY SR.ADV.SMT.SUMATHI DANDAPANI ADV. SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-08-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20014 of 2011 (B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE EXTRACT OF THE STATUTORY RESERVE BANK OF INDIA (STAFF) REGULATIONS, 1948. EXT.P2: TRUE COPY OF THE REPRESENTATION DATED 7.7.2011 ADDRESSED TO THE REGIONAL DIRECTOR OF THE 2ND RESPONDENT-BANK. EXT.P3: TRUE COPY OF THE OFFICE ORDER NO.15 DATED 14.7.2011 OF THE 1ST RESPNDENT. // TRUE COPY // TKS P.S. to Judge C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 20014 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 J U D G M E N T The petitioner is working as a Special Assistant in Reserve Bank of India. This writ petition is filed challenging Ext.P3 order of transfer. The further prayer of the petitioner is for issuance of writ of mandamus commanding the respondents 1 and 2 not to transfer the employees like the petitioner in violation of Regulation 13 of the Reserve Bank of India(Staff) Regulations. The contention of the petitioner is founded on Clause 13(4) of Ext.P1 Regulations. It reads thus:- “No employee may be transferred from one class to another or from the Cash Department to the General Department without the specific approval in each case of the Principal Chief General Manager.” Relying on the provisions under Clause 13(4) it is contended that persons like the petitioners working in the cash department cannot be transferred without the specific approval, in each case, of the Principal Chief General Manager. The main grievance of the petitioner is that respondents 3 to 6 were originally Typists and that category was re-designated as Word Processing Assistants. As per WPC.No.20014/2011 : 2 : Ext.P3 the petitioner and others similarly situated in the cash Department were transferred to other General Departments. This, according to the petitioner, is impermissible. A scanning of the contention raised in this writ petition would reveal that apart from the said contention there is no allegation of mala fides. 2. I have heard the learned counsel for the petitioner and also the learned senior counsel appearing for respondents 1 and 2. The learned Senior counsel submits that in view of memorandum of settlement entered into between All India Reserve Bank Employees Association and the Management of Reserve Bank of India the contentions raised relying on clause 13(4) of Ext.P1 regulations cannot be sustained especially, in the light of Clause 2(2) of the said regulations. Clause 2(2) reads thus:- Nothing in these Regulations shall operate to override any special agreement entered into by the Bank with any of its employees. (emphasis added) In this context, the learned senior counsel also drew my attention in the averments of paragraph 6 of the writ petition. The averments would reveal that the petitioner is also aware WPC.No.20014/2011 : 3 : of submission of representation by the recognised union viz., the All India Reserve Bank Employees Association. Admittedly, there is a settlement entered into between the said union and also management of Reserve Bank of India. This fact is not disputed. When such a settlement is executed between the recognised union and the management of the Reserve Bank of India necessarily the regulations such as regulation 13(4) would become inapplicable in the light of clause 2(2). There is no case that going by the said settlement issuance of others like Ext.P3 is impermissible. In that view of the matter there is no reason for interfering with Ext.P3. This writ petition lacks merit and, accordingly it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma