IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 8053 of 2006(H) ------------------------------------ PETITIONER: ------------------- S.VIJAYAPRASAD, AGED 40 YEARS, S/O.N.SURENDRAN, “NANDANAM”, TC 17/1295, VIVEKANANDA NAGAR, PANGODE, THIRUMALA PO, THIRUVANANTHAPURAM, ASST.HEAD CASHIER, TREASURY BRANCH, S.B.T. THIRUVANANTHAPURAM. BY ADVS. SRI.R.T.PRADEEP, SRI.V.VIJULAL, SRI.M.POLY MATHAI, SRI.P.CHELLAPPAN. RESPONDENTS: ----------------------- 1. STATE BANK OF TRAVANCORE, REP. BY ITS MANAGING DIRECTOR, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM. 2. THE ASSISTANT GENERAL MANAGER, STATE BANK OF TRAVANCORE, REGION I, ZONAL OFFICE, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, TREASURY BRANCH, STATUE, THIRUVANANTHAPURAM. 4. KRISHNA KUMAR, HEAD CASHIER, STATE OF TRAVANCORE, TREASURY BRANCH, STATUE, THIRUVANANTHAPURAM. 5. THE STATE BANK OF TRAVANCORE, SC/ST STAFF WELFARE ASSOCIATION, REP. BY ITS PRESIDENT, MANASI, TC 8/164, THIRUMALA P.O, THIRUVANANTHAPURAM. R1 TO R3 BY ADVS. SRI.M.PATHROSE MATTHAI (SR.), SRI.RONY J.PALLATH, R4 BY ADVS. SRI. L.MOHANAN, SMT.LIGEY ANTONY, R5 BY ADV. SRI.ASOK M.CHERIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8053/2006-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DUTIES OF ASST. HEAD CASHIER AND HEAD CASHIER AS PROVIDED IN THE 8TH BIPARTITE SETTLEMENT DTD. 02/06/2005. EXT.P.2: COPY OF THE WRITTEN COMPLAINT DTD. 03/08/2005 FILED BY PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE LETTER DTD. 23/08/2005 SENT BY R.3. TO PETITIONER. EXT.P.4: COPY OF THE REMINDER DTD. 20/10/2005 SENT BY PETITIONER TO R.2. EXT.P.5: COPY OF THE LETTER DTD. 16/11/2005 SENT BY RESPONDENT TO PETITIONER. EXT.P.6: COPY OF THE REPRESENTATION DTD. 21/11/2005 SENT BY PETITIONER TO R.3. EXT.P.7: COPY OF THE LETTER DTD. 30/12/2005 SENT BY R.3. TO PETITIONER. EXT.P.8: COPY OF THE STAFF CIRCULAR NO. 43 OF 2002 DTD. 04/10/2002 WHICH CONTAIN THE MEMORANDUM OF SETTLEMENT DTD. 10/04/2002. EXT.P.9: COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE MANAGER, STATE BANK OF TRAVANCORE DTD. 19/30/2007 (PRODUCED ALONG WITH REPLY AFFIDAVIT). EXT.P.10: COPY OF THE STAFF CIRCULAR NO. 20/07 DTD. 26/07/07 OF THE R.1. (PRODUCED ALONG WITH I.A. 10915/07 REFERRED IN GROUND H). EXT.P.11: COPY OF THE CIRCULAR LETTER NO. PAD/5/29/07 DTD. 26/07/07 OF THE R.1. BANK PRODUCED ALONG WITH I.A. 13438/07 PETITIONER FOR AMENDMENT). EXT.P.12: COPY OF THE TRANSFER ORDER DTD. 01/10/2007 ISSUED BY THE RESPONDENT BANK (PRODUCED ALONG WITH I.A. NO. 13438/07 REFERRED IN GROUND H). RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF OPTION LETTER DTD. 06/08/2007 OF THE PETITIONER. EXT.R4.A: COPY OF THE RELEVANT CLAUSES. EXT.R4.B: COPY OF THE CIRCULAR NO.19/05 DTD. 22/06/2005. EXT.R4.C: COPY OF THE ORDER DTD. 17/04/2004. EXT.R5.A: COPY OF THE REPRESENTATION DTD. 03/08/05 FORWARDED BY THE PETITIONER TO THE ASSOCIATION. EXT.R5.B: COPY OF THE LETTER DTD. 11/08/05. EXT.R5.C: COPY OF THE LETTER DTD. 28/10/05 BY COMMISSION TO ASSOCIATION. W.P.(C). NO.8053/2006-H: EXT.R5.D: COPY OF THE AGENDA OF MEETING ON 31/12/05. EXT.R5.E: COPY OF THE QUARTERLY MEETING DTD. 31/12/05 WITH SBT SC/ST STAFF WELFARE ASSOCIATION. EXT.R5.F: COPY OF THE MEMORANDUM DTD. 23/01/06. EXT.R5.G: COPY OF THE LETTER OF BANK DTD. 04/03/06. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.8053 of 2006 -------------------------- Dated this the 20th January,2009 J U D G M E N T This writ petition was filed with a prayer to issue appropriate direction to respondents 1 to 3 to take adequate and effective action to enable the petitioner to discharge his duties as Assistant Head Cashier without any obstruction by the 4th respondent. The 4th respondent is the Head Cashier of the 1st respondent Bank in Treasury Branch at Statue, Thiruvananthapuram. According to the petitioner, even though he had been properly discharging his duties under the Branch Manager, because of the obstruction by the 4th respondent difficulties arose in his smooth performance of duties and that led to various complaints before the respondents. Exhibit-P2 is one of the complaints he has filed to the Assistant General Manager through the Branch Manager. 2. Subsequent to the filing of the writ petition, petitioner has been transferred to the Branch at Vellayambalam in Thiruvananthapuram. He is working there as an Assistant Head Cashier itself. 3. Fourth Respondent has filed a detailed counter affidavit traversing the averments in the writ petition. The 3rd W.P ( C) No.8053 of 2006 2 respondent, the Chief Manager has also filed a detailed counter affidavit. According to him, the allegation raised against the Head Cashier are not correct and he was bound to abide by the lawful orders issued. 4. Learned counsel for the petitioner submitted that any higher officer of the Bank may be directed to consider his grievance and take appropriate action in the matter. It is submitted that he may be allowed to file a fresh representation also. It is stated that Exhibit-P2 was filed before the 2nd respondent, the Assistant General Manager of the Bank at that time. There will be a direction to the 2nd respondent to consider the matters raised by the petitioner in Exhibit-P2 or any other representation that he may wish to file before him in the matter, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. The 4th respondent also will be given an opportunity to furnish his remarks in the matter. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.8053 of 2006 3 W.P ( C) No.8053 of 2006 4