IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 OP.No. 12788 of 1998(V) ------------------------------------ PETITIONER(S): ------------------------- 1. STATE BANK WORKMEN STAFF UNION, (AFFILIATED TO INDIAN NATIONAL BANK EMPLOYEES FEDERATION- INTUC), REGISTERED NO.1196/MDS, 237, MAS HOTEL, COCHIN 682 018, THROUGH ITS DEPUTY GENERAL SECRTARY M.C.ALEX AGED 43 YEARS, S/O. CHARIATHU, CLERK-CUM-CASHIER, STATE BANK OF INDIA THIDANAD BRANCH, KOTTAYAM DISTRICT, RESIDING AT MENAPARAMBIL HOUSE, PALA. 2. V.V.JOSE, AGED 45 YEARS, S/O. VARKEY, CLERK, STATE BANK OF INDIA, ALWAYE TOWN BRANCH, RESIDING AT VITHAYATHIL, ALANGAD, VARAPUZHA, ERNAKULAM. BY ADV. MR.GOVINDA SWAMY RESPONDENT(S): ------------------------ 1. THE CHAIRMAN, STATE BANK OF INDIA CENTRAL OFFICER, BOMBAY. 2. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, (MADRAS CIRCLE), CIRCLE TOP HOUSE, RAJAJI SALAI, CHENNAI 600 001. 3. THE ASSISTANT GENERAL MANAGER, PERSONNEL AND HUMAN RESOURCE DEVELOPMENT, STATE BANK OF INDIA, PERSONNEL AND HUMAN RESOURCE DEVELOPMENT DEPARTMENT, LOCAL HEAD OFFICE (MADRAS CIRCLE), CIRCLE TOP HOUSE, RAJAJI SALAI, CHENNAI 600 001. ADV. SRI.GEORGE THOMAS FOR R1 & R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.22381/1998 IN OP. NO.12788/1998 DISMISSED 02.06.2009 SD/- V.K.MOHANAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CHAPTER- 25 OF THE STATE BANK OF INDIA REFERENCE BOOK ON STAFF MATTERS, VOLUME – II AS PUBLISHED BY THE RESPONDENTS. P2:- COPY OF THE CIRCULAR LETTER NO. CDP:PER:84 DT. 18.3.98 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE CIRCULAR LETTER DT. 25.6.98 AS CIRCULATED BY THE GENERAL SECRETARY OF THE STATE BANK STAFF UNIO (CHENNAI CIRCLE). P4:- COPY OF THE CIRCULAR LETTER DT. 26.5.98 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE PROCEEDINGS OF THE SBI CENTRAL OFFICE DT. 19.2.98. TRUE COPY P.S. TO JUDGE TSS V.K.MOHANAN, J. ---------------------------------------------- O.P. No.12788 of 1998 ---------------------------------------------- Dated, 2nd June, 2009 JUDGMENT The first petitioner is the State Bank Workmen staff union who preferred this writ petition representing its members who had participated in the examination for promotion to the Junior Management Grade Scale-I, 1997. Second petitioner is a member of the first petitioner union and, at the time of filing this writ petition, he was working as a Clerk at State Bank of India, Alwaye Town Branch, Alwaye. 2. The grievance of the petitioner is that the candidates were invited for the written test and interview in violation of the norms with respect to the written test as contained in paragraph 25.1.1 in Chapter 25 of Clerical and Cash Department: Promotion to Officers Cadre JMG Scale 1 (Normal Channel)/Programmer- cum-Operator (Specialist Cadre) JMG Scale I, a copy of which is produced as Ext.P1. Therefore the petitioners prayed for a declaration that the action of the respondents in inviting those who have appeared for the written examination to the extent of only 1.5 times of the number of vacancies for the purpose of interview/viva-voce in the selection referable to Exts.P1 and P2 is O.P.12788/98 -:2:- arbitrary and discriminatory. The other prayer is to declare that atleast 30% of candidates who appeared for in the written examination are to be called for the viva-voce/interview as provided under Ext.P1 for the purpose of final empanelment. 3. Thus according to the petitioner, the promotion to the above post is to be effected in accordance with the procedure and norms prescribed by Ext.P1. If that be so, the final selection should be based on the performance of the candidates in the written test and interview taken together and the number of employees to be called for the written test would be five times the number of vacancies. In other words, the employees in the feeder category to the extent of 5 times of the number of vacancies in the order of seniority will form the zone of consideration for the selection for promotion to the post in question. But according to the petitioners, in violation of the above specific procedure and norms, the respondents conducted the selection procedure on the basis of Ext.P2 dated 18.3.98. In Ext.P2, it is stated that as a one time measure, all the employees with a minimum of 15 years of service will be permitted to appear for the promotion to Junior Management Grade Scale I for the year 1997-98. Thus according to the petitioners, because of the above method adopted, the O.P.12788/98 -:3:- second petitioner and similarly situated persons those who are members of the first petitioner union lost their chance for being invited in the written test as well as interview. 4. Denying all the averments and contentions raised in this writ petition, the 3rd respondent has filed a detailed counter affidavit stating that the procedure for the promotion to the above post was initiated and it is finalised on the strength of Ext.R1(a). The learned counsel for the respondents invited my attention to paragraphs 2 and 4 of Ext.R1(a). In para 2 of Ext.R1(a), the very same authority who issued Ext.P1, has stated that the policy for promotion under the normal channel, provides, inter alia, for calling candidates for the written test in the ratio of 5 for 1 vacancy. Based upon the experience from the mode for promotion adopted, the respondents have decided that the number of vacancies and the stipulated number of chances each candidate could take, the same set of candidates are being promoted to appear for the test year after year. It is also observed in Ext.R1(a) that, in most Circles, the service range for becoming eligible to take the test continues to be 17/18 years, leading to dissatisfaction among employees, who aspire for promotion but continue to remain in the clerical cadre for want of requisite service/seniority. The above O.P.12788/98 -:4:- issue was brought to the notice of the management by the representative of the employees and thus the Staff federation has requested the management to work out an interim arrangement, in the meantime, for the 1997-98 year's promotion exercise, providing for all the employees with a minimum service of 15 years being permitted to appear for the test for promotion to Junior Management Grade, under the normal (seniority-cum-merit) channel. The learned counsel for the respondents submitted that Ext.P2 was issued by the management after considering the representation made by the Staff Federation and the petitioners while appeared for the written test already agreed for the new norms brought by the management as per Ext.P2. There was no challenge at appropriate time against Ext.P2 norms, by which it was decided to permit all the employees with a minimum of 15 years service as one time measure to appear for the post of Junior Management Grade scale 1 for the year 1997-98. 5. I have carefully considered the contentions advanced by both counsel for the petitioners as well as the respondents. 6. It is not disputed that Ext.P2 revised policy regarding the norms for procedure for the promotion was declared by management on the basis of the representation made by the O.P.12788/98 -:5:- representative of the employees and there was no challenge at appropriate time against Ext.P2. It is for the management to decide the policy with respect to the promotion. From Ext.P1 it is clear that once an employee is called for the written test, he would continue to be called in the subsequent years also till he exhausts all the chances available to him, even if the latter exercise would lead to calling of employees in excess of 1:5 ratio. From Ext.P2, it is clear that, by the said policy, the actual beneficiaries are the employees who have got 15 years service, otherwise they may not be able to get promotion before their retirement. In the light of the above facts and materials referred to above, I find no merit in the writ petition and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE kvm/- O.P.12788/98 -:6:- V.K.MOHANAN, J O.P.No.12788 of 1998 JUDGMENT Dated:2.6.2009