IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 27949 of 2005(B) -------------------------- PETITIONER(S): --------------- K.GOPINATHAN, MANAGER, SOUTH MALABAR GRAMIN BANK, EDARIKODE BRANCH, MALAPPURAM DISTRICT. BY ADV. MR.T.KRISHNAN UNNI, SENIOR ADVOCATE MR.P.K.VIJAYAMOHANAN RESPONDENT(S): --------------- 1. SOUTH MALABAR GRAMIN BANK, REPRESENTED BY CHAIRMAN, HEAD OFFICE, MAPPURAM. 2. THE CHIEF OFFICER, RESERVE BANK OF INDIA, R.P.C.D. MUMBAI. 3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF BANKING, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI. 4. JOSEPH MATHEW, (STAFF NO.23), AREA MANAGER, SOUTH MALABAR GRAMIN BANK, AREA OFFICE, TIRUR. 5. P.J.SADANANDAN, (STAFF NO.21), SENIOR MANAGER, SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM. ADV. SMT.S.KARTHIKA,SC,SOUTH MALABAR GRAMIN FOR R1 SMT.GIRIJA.L., ADDL.CGSC FOR R3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 SRI.DEVAN RAMACHANDRAN,SC,SOUTH M.G.BAN SRI.T.P.M.IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27949 of 2005(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF PROCEEDINGS OF THE CHAIRMAN OF 1ST RESPONDENT NO.9 SMGB:PROMO:9611:89-PAS DT. 22.03.1989. EXT.P2 - TRUE COPY OF PROCEEDINGS OF CHAIRMAN OF 1ST RESPONDENT, REF NO. 9/SMGB/TSR/M/53/2002/PAD DT. 14.06.2002. EXT.P3 - TRUE COPY OF LETTER REF.9/ SMGB/EF/1634/2002/PAD. DT. 29.8.2002 FROM THE CHAIRMAN OF 1ST RESPONDENT TO THE PETITIONER. EXT.P4 - TRUE COPY OF REPRESENTATION OF GRIEVANCES BY THE PETITIONER TO THE BAORD DIRECTORS OF 1ST RESPONDENT BANK DATED 23.09.2002. EXT.P5 - TRUE COPY OF LETTER, REF. 9/SMGB/EF/2406/2002/PAD.DT.19.12.2002 FROM THE GENERAL MANAGER OF 1ST RESPONDENT BANK TO THE PETITIONER. EXT.P6 - TRUE COPY OF MEMO NO.10/81/DATED 11.2.81 BY THE 1ST RESPONDENT ENCLOSING SENIORITY LIST OF OFFICERS AS ON 15.2.1981. EXT.P7 - TRUE COPY OF JUDGMENT IN O.P. 3212/87-G OF THE HIGH COURT OF KERALA DT. 27.7.2000. EXT.P8 - TRUE COPY OF REPRESENTATION BY THE PETITIONER TO CHAIRMAN OF IST RESPONDENT BANK DT.12.7/2002. EXT.P9 - TRUE COPY OF LETTER BY PETITIONER TO GENERAL MANAGER OF 1ST RESPONDENT BANK REGARDING INTERVIEW ON 10.6.2002, DT. 08.06.2002. EXT.P10 - TRUE COPY OF SENIORITY LIST OF AREA MANAGERS/SENIOR MANAGERS, WITH PROCEEDINGS OF CHAIRMAN, 1ST RESPONDENT BANK DT. 22.3.1989 (MEMO NO.51/89-0- DT.18.12.1989) EXT.P11 - TRUE COPY OF MEMO NO.69/04, DT. 2.9.2004, ANNEXING PLACEMENT OF MANAGERS, SENIOR MANAGERS AND AREA MANAGERS OF 1ST RESPONDENT BANK. EXT.P12 - TRUE COPY OF JUDGMENT IN O.P. NO. 2524/2003(A) OF THE HIGH COURT OF KERALA DT. 19.8.2005. EXT.P13 - TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER TO THE 1ST RESPONDENT BANK DT. 01.09.2005. EXT.P14 - TRUE COPY OF REPLY LETTER BY 1ST RESPONDENT TO THE PETITIONER DT. 5.9.2005. WP(C).No. 27949 of 2005(B) EXT.P15 - TRUE COPY OF PERFORMANCE APPRAISAL OF OFFICERS OF 1ST RESPONDENT BANK FOR THE YEAR 1999-2000, AS SUPERIOR. EXT.P16 - TRUE COPY OF - DO - FOR THE YEAR 2000-2001, AS SUPERIOR. EXT.P17 - TRUE COPY OF -DO 00 FOR THE YEAR 2001 - 2002 AS EXCELLENT. RESPNDENTS EXHIBITS: EXT.R1(a) - TRUE COPY OF THE LETTER NO. NB/IDD.RRCBD.NO. 1573/ 316/GEN/94-95 DATED 17.9.1994 OF THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT ADDRESSED TO ALL SPONSOR BANK AND RRBs. EXT.R1(b) - TRUE COPY OF LETTER NO. PCW/RRBD/340/763/2001-02/DRN DATED 19.9.2001 ISSUED BY THE CANARA BANK (SPONSOR BANK) TO THE 1ST RESPONDENT. EXT.R1(c) - TRUE COPY OF CIRCULAR 133/98 DATED 11.12.1998 ISSUED BY THE CHAIRMAN OF THE BANK CONTAINING RRBs (APPOINTMENT & PROMOTION OF OFFICERS AND OTHER EMPLOYEES) RULES, 1998. EXT.R1(c) - TRUE COPY OF MEMO NO. 69/2005 DATED 1.10.2005 ISSUED BY THE GENERAL MANAGER OF THE 1ST RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ................................................ W.P(C) No. 27949 of 2005 ................................................. Dated this the 3rd day of December, 2009 J U D G M E N T The petitioner joined the South Malabar Gramin Bank as a Manager trainee on 11.7.1977. By Ext.P1 order, he was promoted to the post of Area Manager/Senior Manager on 21.3.1989. As such he was in charge of a branch as a Senior Manager. Subsequently on implementation of the award of the National Industrial Tribunal, the various posts of the Gramin banks were directed to be equated with those of the sponsor bank. Accordingly all the senior managers and area managers were equated with Scale-II posts of sponsor bank. Hence the petitioner was redesignated as a Scale-II officer with effect form 21.3.1989. Subsequently the petitioner was transferred as Manager of Edarikode branch by Ext.P2 order dated 14.6.2002. From thereon a series of correspondence arose. Petitioners representation seeking accommodation in a larger branch was rejected by Ext.P3. He raised his grievance before the Board of Directors which was also rejected by Ext.P5 order. His further representation was also negatived by the Chairman by Ext.P4 order. The petitioner is W.P(C) No. 27949 of 2005 -2- challenging Exts.P2, P3, P5 and P14 seeking the following reliefs: “a) to issue a Writ of Certiorari or other suitable writ or order quashing Exhibits P2, P3, P5 and P14; b) to issue such other suitable writ or order declaring that the petitioner is entitled to the office of Area Manager/ Senior Manager and is duly qualified to stake a claim for the post of General Manager by reason of his standing for a period of 8years as Area Manager/ Senior Manager following Exhibit P10; c) to issue a writ of mandamus directing respondents 1 to 3 to re-orient the seniority list Ext.P10 giving petitioner all rights following promotion to the post of Area Manager from Exhibit P6; d) to issue a suitable writ or order declaring that the petitioner, by reason of Exhibit P10, continues to hold office as Area Manager/ Senior Manager who is since qualified to stake a claim for the post of General Manager by reason of his standing for the period of 8 years as Area Manager in the context of the plea of upgradation of the post and in the light of the judgment of the Supreme Court reported in 1982(1) Supreme Court Cases 491 and 1989(3) Supreme Court Cases 610;” 2. I have heard both sides. 3. The petitioner has raised several claims including a claim for posting as General Manager. But from the orders mentioned, I find that his essential grievance is against posting in a medium branch, after being put in charge of a large branch as Manager while working as a Senior Manager. He also has a case that he is entitled to be placed as a Scale-III officer. From the impugned orders, I find that the Senior Managers and Area Managers of the bank were redesignated as Scale-II officers pursuant to the award W.P(C) No. 27949 of 2005 -3- of the National Industrial Tribunal. Later on in 2001, the Government of India permitted the Regional Rural Banks to create Scale-III posts for holding Area Offices, Head Office sections and large branches. Accordingly, all the Scale-II officers were considered for promotion as Scale-III officers. The petitioner was also considered for such promotion, in accordance with Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1998. But the petitioner did not succeed in the selection process and therefore he did not get promotion as Scale- III. As is clear from Ext.P5, the decision to put Scale-III officers in charge of large branches was a policy decision. The petitioner is admittedly only a Scale-II officer. He has been placed as such by Ext.P11. He has not chosen to challenge Ext.P11 also. When promotion to Scale-III officer is by a selection process as per rules, the petitioner cannot seek automatic placement as Scale-III officer and seek to be put in charge of large branches. In the above circumstances, I do not find any merit in the contentions of the petitioner in this writ petition. Accordingly, this writ petition is dismissed. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge