IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WA.No. 1671 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.5396/2009 .................... APPELLANT/PETITIONER ------------------------ C.H.DINESHAN, AGED 54 , S/O.POKKAYI, SREYAS NIVAS, NEAR SASTHAMKOTTAM TEMPLE PO, VARAM, KANNUR-620 594. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR RESPONDENT/RESPONDENTS: ------------------------- 1. CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE,THAMPANOOR THIRUVANANTHAPURAM. 2. DEPUTY GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE,THAMPANOOR THIRUVANANTHAPURAM. 3. CIRCLE DEVELOPMENT OFFICER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, THAMPANOOR THIRUVANANTHAPURAM. 4. ASSISTANT GENERAL MANAGER, HUMAN RESOURCES DEPARTMENT,STATE BANK OF INDIA, LO CAL HEAD OFFICE, THAMPANOOR,THIRUVANANTHAPURAM. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE SRI.P.GOPAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.1671 of 2010 .................................................................... Dated this the 1st day of March, 2011. JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned Single Judge upholding the denial of promotion to the appellant by the Bank for the reason that appellant failed in the written examination conducted in 2007. We have heard Adv. Sri.Madhusoodanan appearing for the appellant and Standing Counsel appearing for SBI. 2. The appellant's case is that he got 47 marks out of 100 and, therefore, he was qualified to be considered for promotion to the clerical cadre. However, the learned Single Judge accepted the contention of the Bank that 47 marks obtained by the appellant is out of 120 and, therefore, the percentage of mark obtained by him is below 40. After hearing both sides and after going through the records, we feel there can be no controversy on the factual position because the marks obtained by the appellant for the written examination which is 47 is out of 120. Even though technically we do not find any ground to W.A. No.1671/2010 2 interfere with the finding of the learned Single Judge that the appellant did not secure the required minimum marks for promotion, what we find is that appellant is a member of the Scheduled Caste community and he is 55 years of age. The shortage of mark in the written examination is only 1 i.e. as against 48 required, he got only 47 marks. Normally members of Scheduled Caste community are given some relaxation in the requirement of minimum marks for selection as well as for promotions. Appellant is in the service of the Bank for the last 18 years and as of now he is Duftry Grade III. Considering the fact that the shortage of mark is only one and since appellant is a member of the Scheduled Caste community, we feel the first respondent should consider appellant's as a special case and see whether he can be given promotion and training so that he retires as a clerk in the fag end of his career. Accordingly Writ Appeal is disposed of by upholding the judgment of the learned Single Judge but with direction to the first respondent to consider the case of the appellant for relaxation in the requirement of marks in the written examination by one and if possible, first respondent will give promotion to the appellant and abosorb him W.A. No.1671/2010 3 after giving training. Since the impugned selection took place four years ago, there will be direction to the first respondent to consider the appellant's case after verifying the service records of the appellant and after calling for report from the Branch Manager about appellant's performance within a period of two months from date of receipt of copy of this judgment. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms