Kerala High Court
K.T.Muralee Mohanan vs The Corporation Bank on 10 October, 2018
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940
WP(C).No. 33582 of 2009
PETITIONER:
K.T.MURALEE MOHANAN
AGED 55 YEARS
S/O. N.GOVINDAN NAIR, WORKING AS MANAGER, CORPORATION
BANK, RAVIPURAM BRANCH, ERNAKULAM-16, RESIDING AT
H.NO.49/93 B, PADOM ROAD, ELAMAKKARA, KOCHI-26.
BY ADV. SRI.V.K.PRASAD
RESPONDENTS:
1 THE CORPORATION BANK
THE DEPUTY GENERAL MANAGER AND ZONAL HEAD,,
CORPORATION BANK ZONAL OFFICE, THAMMANAM ROAD,,
PALARIVATTOM, KOCHI-35.
2 THE DEPUTY GENERAL MANAGER AND ZONAL
HEAD, CORPORATION BANK ZONAL OFFICE,THAMMANAM ROAD,
PALARIVATTOM, KOCHI-35.
3 THE DEPUTY GENERAL MANAGER
CORPORATION BANK, PERSONNEL ADMINISTRATION, DIVISION,
H.O.MANGALORE, PANDESWAR, 575 001.
4 THE SENIOR MANAGER
CORPORATION BANK, RAVIPURAM BRANCH.
BY ADV. SRI.VIVEK VARGHESE P.J.-SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33582 of 2009
2
JUDGMENT
The petitioner claims to be working under the Corporation Bank and he says that he is entitled to certain amounts covered by the T.A bills submitted by him. His allegation in this writ petition is that the Corporation Bank has yet not paid the said bills, and that they have issued Ext.P8 communication to the Senior Manager of the Branch, where he was working, to recover the advance of such Travelling Allowance availed of by him.
2. Even though, there are various averments in this writ petition, the fact remains that the petitioner's claims have never been considered by the competent Authority of the Corporation Bank until now. The petitioner appears to have approached this Court directly when Ext.P8 order was issued and all recovery pursuant to the said order, remain stayed by an interim order of this Court.
3. I am of the view that it will not be proper for this Court, at the first instance, to consider the entitlement of WP(C).No. 33582 of 2009 3 the petitioner and that it will be better left to the competent Authority to do so as per law.
4. In the afore circumstances, I order this writ petition and permit the petitioner to approach the competent Authority with a fresh representation staking entitlement to the T.A bills claimed by him within a period of 15 days from the date of receipt of a copy of this judgment. If such a representation is received by the competent Authority within the time granted herein, he will proceed to consider the same, after affording an opportunity of being heard to the petitioner, within a further period of two months thereafter.
5. Needles to say, all further proceedings pursuant to Ext.P8 for recovery of any amount from the petitioner, will stand stayed until such time as a decision is taken by the competent Authority and communicated to the petitioner.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
rp-10.10 JUDGE
WP(C).No. 33582 of 2009
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE COMPUTER PRINT OUT DATED
8/5/09
EXHIBIT P2 PHOTOCOPY OF THE REPRESENTATION DATED
15/5/09 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 PHOTOCOPY OF THE LETTER DATED 18/5/09 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 PHOTOCOPY OF THE LETTER DATED 4/6/2009 SUBMITTED BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 8/6/09 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DATED 24/6/09 SUBMITTED BY THE PETITIONER EXHIBIT P7 PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 29/6/2009 EXHIBIT P8 PHOTOCOPY OF THE ORDER DATED 13/10/09 ISSUED BY THE 3RD RESPONDENT EXHIBIT P9 PHOTOCOPY OF THE HEAD OFFICE CIRCULAR NO.114/98 DATED 30/3/98 EXHIBIT P10 PHOTOCOPY OF THE HEAD OFFICE CIRCULAR NO.56/2008 DATED 23/1/2008 EXHIBIT P11 PHOTOCOPY OF THE HEAD OFFICE CIRCULAR NO.68/2000 DATED 13/3/2000 EXHIBIT P12 PHOTOCOPY OF THE HEAD OFFICE CIRCULAR NO.54/2004 DATED 19/2/2004 RESPONDENT'S EXHIBITS:
EXHIBIT R1 TRUE COPY OF THE HEAD OFFICE CIRCULAR NO.468/2005