Kerala High Court
Rita Abraham vs State Bank Of India on 12 July, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939
WP(C).No. 34966 of 2014
PETITIONER:
RITA ABRAHAM,
W/O.JOSEKUTTY, ASSISTANT MANAGER ON LEAVE, SBI, RACPC, LMS
COMPOUND, PALAYM, THIRUVANANTHAPURAM, RESIDING AT 8-B,
HEERA CLASSIC, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.
BY ADVS.SRI.JOHN JOSEPH(ROY)
SRI.DINESH R.SHENOY
SRI.MATHEW JACOB (KUNNATHU)
SRI.PRAVEEN K. JOY
SRI.EBIN MATHEW
RESPONDENT(S):
1. STATE BANK OF INDIA
REPRESENTED BY THE CHAIRMAN, STATE BANK BHAVAN,
CORPORATE CENTRE, MADAME CAMA ROAD, MUMBAI-400021.
2. THE CHIEF GENERAL MANAGER,
SBI LOCAL HEAD OFFICE, SS KOVIL ROAD,
THIRUVANANTHAPURAM-695 001.
3. ROSY DEVASSY,
ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, BPR, SBI
LOCAL HEAD OFFICE, SS KOVIL ROAD,
THIRUVANANTHAPURAM-695 001.
4. THE ASSISTANT GENERAL MANAGER,
STATE BANK OF INDIA, RACPC, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM-695 033.
SRI.P.V.SURENDRANATH (SENIOR ADVOCATE),SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 34966 of 2014 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1. TRUE COPY OF THE LEAVE APPLICATION DATED 12/7/2012.
EXT.P2. TRUE COPY OF THE LETTER NO. NIL DATED 10/12/2013 ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER
EXT.P3. TRUE COPY OF THE LETTER DATED 11/12/2013 SUBMITTED THROUGH THE
3RD RESPONDENT BY THE PETITIONER
EXT.P4. TRUE COPY OF THE LETTER NO.NIL DATED 5/1/2014 BY AGM, RACPC TO
THE PETITIONER
EXT.P5. TRUE COPY OF THE ALLEGED APPLICATION DATED 17/4/2012
EXT.P6. TRUE COPY OF THE RELEVANT PAGES OF THE OFFICER'S SERVICE RULES
HR HAND BOOK (PAGES 47 TO 56).
EXT.P7. TRUE COPY OF THE LETTER NO.DGM/HR/1430/1073 DATED 1/1/2014 TO THE
3RD RESPONDENT
EXT.P8. TRUE COPY OF THE LETTER NO.RACPC/58/13-14 DATED 15/11/2013 ISSUED
BY THE 3RD RESPONDENT TO DDGM.
EXT.P9. TRUE COPY OF THE FORMAT OF SANCTION OF VRS (ANNEXURE-IV).
EXT.P10. TRUE COPY OF THE EXIT INTERVIEW ON RECORD DATED 4/7/2012.
EXT.P11. TRUE COPY OF THE LETTER NO.NIL DATED 19/12/2013 BY CDO TO DGM OF
STATE BANK OF INDIA, THIRUVANANTHAURAM.
EXT.P12. TRUE COPY OF THE LETTER NO.HR/SUP/1340/15 DATED 2/8/2013 ISSUED
BY AGM HR TO THE 3RD RESPONDENT
EXT.P13. TRUE COPY OF THE LETTER DATED 16/9/2014 TO AGM BY THE PETITIONER
EXT.P14. TRUE COPY OF THE LETTER NO.RACPC/16/97/2014-15 DATED 18/10/2014
TO THE PETITIONER AGM.
EXT.P15. TRUE COPY OF THE LAWYER NOTICE DATED 12/11/2014.
EXT.P16 TRUE COPY OF STATEMENT OF ACCOUNTS OF THE CAR LOAN ACCOUNT NO.
31700421058 OF THE PETITIONER.
EXT.P16(A) TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE CAR LOAN ACCOUNT
NO. 32141114192 OF THE PETITIONER.
EXT.P16(C) TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE HOUSING LOAN
ACCOUNT NO. 30182192462 OF THE PETITIONER.
EXT. P17 TRUE COPY OF LETTER ISSUED BY THE ASST. GEN. MANAGER
DATED THE 27.05.2014.
WP(C).No. 34966 of 2014 (U)
EXT. P18 TRUE COPY OF LETTER ISSUED BY THE AGM DATED 19.02.2014
REGARDING THE RESIDENCE.
EXT. P19 TRUE COPY OF THE LETTER ISSUED TO THE LAND LORD ON
13/01/2014 BY THE BANK.
EXT. P20 TRUE COPY OF THE LETTER NO. AGM/RTI/174 DATED
12.03.2015.
EXT. P21 TRUE COPY OF THE LETTER DATED 06.05.2015 SUBMITTED BY
THE PETITIONER UNDER RTI ACT.
EXT. P21(A) TRUE COPY OF THE LETTER NO. AGM/RTI/19/2015-16 DATED
27.05.2015 ISSUED BY THE RESPONDENT BANK.
EXT. P22 TRUE COPY OF THE LETTER NO. HR/SUP/1340/15 DATED
02.08.2013 ISSUED BY THE AGM (HR) OF THE BANK.
EXT. P23 TRUE COPY OF THE RELEVANT PAGES OF THE LEAVE RULES OF
THE RESPONDENT BANK.
RESPONDENT'S EXHIBITS
EXT.R4(A) A TRUE COPY OF THE ORDER DATED 2.12.2013 OF THE GENERAL
MANAGER SANCTIONING VOLUNTARY RESIGNATION OF THE PETITIONER
AS AT THE CLOSE OF BUSINESS ON 30.7.2012.
/TRUE COPY/
PA TO JUDGE
PBS
21/3/2018
P.V.ASHA, J.
--------------------------
W.P(C) No.34966 of 2014-U
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Dated this the 14th day of March, 2018
JUDGMENT
The petitioner, who was working as an Assistant Manager, has filed this writ petition challenging the voluntary retirement granted to her and seeks a direction to the respondents to allow her to join duty in the bank.
2. The petitioner joined the State Bank of India as a Cashier Clerk on 30.03.1989. The case of the petitioner leading to the impugned action is as follows: While she was working as Assistant Manager at RACPC, she had certain family problems and she took leave from February to April intermittently and from 23.04.12 to 31.05.2012. Since her reporting authority, declined her request for leave, she thought of taking voluntary retirement and approached Sri. Nandasabhapathi, the then Deputy General Manager (DGM) along with a draft of the application form for voluntary retirement. Then the DGM advised her that she need not take voluntary retirement and the bank was then proposing to sanction sabbatical leave for W.P(C) No.34966 of 2014-U 2 which the petitioner would be eligible. She was on privileged leave which was sanctioned upto 23.4.2012 and she was permitted to extend leave. Therefore on 12.7.2012, she submitted Ext.P1 application requesting that her application for voluntary retirement may be treated as withdrawn, as the DGM had permitted her to extend the leave. She therefore requested for 2 years sabbatical leave or any other leave from 1.6.2012. It is her further case that her family problems were almost resolved by November, 2013 and she approached the then AGM, RACPC-impleaded as 3 rd respondent, in her personal capacity, requesting for permission to rejoin duty after cancelling the balance leave. Then she was advised to continue on leave saying that the date of rejoining would be intimated to her. On 9.12.2013 the 3 rd respondent called her over phone and when she reported before the AGM, as directed, on 10.12.2013 under the impression that she was being allowed to resume duty, the 3rd respondent directed her to sign a paper endorsing b