IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 36948 of 2004(W) -------------------------- PETITIONER(S): --------------- SRI.M.K.PARAMESWARAN, S/O.LATE CHANDU PERUVANNAN, MOOZHIKKAL KUNNUMEL HOUSE, MANATHARA AMSOM, PERAVOOR DESOM, P.O.PERAVOOR. (PEON, MALOOR BRANCH, SYNDICATE BANK) BY ADV. SRI.T.P.PANKAJAKSHAN RESPONDENT(S): --------------- 1. THE CHAIRMAN & MANAGING DIRECTOR, SYNDICATE BANK, HEAD OFFICE, MANIPAL - 576 119. 2. PERSONAL MANAGER, PERSONNEL DEPARTMENT, HUMAN RESOURCES DEVELOPMENT DIVISION, HEAD OFFICE, MANIPAL - 576 119. ADV. SRI.M.P.ASHOK KUMAR FOR R1 SRI. AJITH KRISHNAN, ADDL.CGSC FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008 DELIVERED THECOURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 36948/2004. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF CERTIFICATE DT. 7-6-1983. EXT.P2 EIGHTH PAGE OF SSLC. EXT.P3 CIRCULAR DT. 9-9-1983. EXT.P4 COP OF BY-PARTE SETTLEMENT. EXT.P5 APPLICATION FORM DT. 27-10-1984. EXT.P6 APPLICATION DT. 14-6-1989. EXT.P7 REQUEST DT. 23-1-1990. EXTP8 ORDER DT. 17-6-1990. EXT.P9 CALL LETTER DT. 28-2-1996. EXT.P10 LETTER DT. 23-12-1996. EXT.P11 APPLICATION DT. 22-10-1997. EXT.P12 REPORT DURING 2000. EXT.P13 TRUE COPY OF LETTER. EXT.P14 TRUE COPY OF CERTIFICATE. EXT.P15 LETTER DT. 5-11-2003. EXT.P16 CERTIFICATE DT. 27-2-1991 EXT.P17 LETTER DT. 30-7-2003. EXT.P18 LETTER DT. 17-8-1996. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36948 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th November, 2008. J U D G M E N T The petitioner joined the service of the Syndicate Bank on 7-10- 1980 as an attender. He passed SSLC in the year 1983. His main grievance in this writ petition if that even after 28 years of service, he is still continuing as an attender without any promotion chances. He submits that in although Exts.P 3 and P4 promotion policies provide for promotion of sub-staff holding SSLC for promotion to clerical cadre, in none of the selections made, the petitioner was selected. Therefore, the petitioner seeks a direction to the respondents to promote the petitioner to the clerical cadre with effect from 1984. 2. The petitioner does not specifically challenge any particular selection. He admits that he had been considered for selection and was not selected. His appeals against such non-selection were disposed of as evidenced by Ext. P8, wherein it was stated that the rank secured by the petitioner in the promotion process did not entitle him to get promotion to clerical cadre in view of the number of vacancies declared. That being so, without challenging the particular selection in which the petitioner was overlooked on valid grounds, the petitioner cannot succeed in the writ petition. In view of the said circumstance, counsel for the petitioner submits that the petitioner may be permitted to submit a representation before the 1st respondent and the 1st respondent may be directed to dispose of such representation. Considering the facts and circumstances of the case, especially the fact that the petitioner has been stagnating in service for 28 years as an attender without promotion in spite of his eligibility for promotion to the clerical cadre, he having passed SSLC in 1983, I dispose of this writ petition with the following directions: The petitioner shall submit a suitable representation in this regard to the 1st respondent within two weeks along with a certified W.P.C. No. 36948/04 -: 2 :- copy of this judgment. On receipt of the same, the 1st respondent shall consider and pass appropriate orders on the same, as expeditiously as possible, at any rate, within two months therefrom. S. Siri Jagan, Judge. Tds/