Kerala High Court
Pradeep.T.G vs State Bank Of India on 28 January, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941
WP(C).No.11317 OF 2019(L)
PETITIONERS:
1 PRADEEP.T.G.
S/O. GOPALAKRISHNAN,
THONOOR HOUSE, 'SATGAMAYA',
PUDUKKAD, VIYYUR POST, THRISSUR - 680 010,
NOW WORKING AS ASSOCIATE,
STATE BANK OF INDIA,
PARAMEKKAVU BRANCH, THRISSUR.
2 ANIL JOHNSON
S/O. JOHNSON,
THEKKEPARAMBIL HOUSE,
NELLIKUNNU KACHERY,
THRISSUR EAST P.O.,
THRISSUR - 680 005.
NOW WORKING AS ASSOCIATE ,
STATE BANK OF INDIA,
PARAMMEKKAVU BRANCH, THRISSUR.
3 SANTHOSH.C.R
S/O. RAVI, CHEMBALIPURATH HOUSE,
EDAKKUNNI, THAIKKATTUSSERY.P.O.,
THRISSUR - 680 306,
NOW WORKING AS ASSOCIATE ,
STATE BANK OF INDIA,
PARAMEKKAVU BRANCH, THRISSUR
4 ANJU.K.BABU
D/O. BABU, KANADY HOUSE,
NADATHARA.P.O., THRISSUR - 680 751,
NOW WORKING AS ASSOCIATE ,
STATE BANK OF INDIA,
PARAMEKKAVU BRANCH, THRISSUR.
WP(C).No.11317 OF 2019(L)
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5 APARNA.N.S.
D/O. N.A.SHANMUGHAN, XVIII/477,
NEAR VILLAGE OFFICE, MAIN ROAD,
NALLEPILLY, PALAKKAD - 678 553.
NOW WORKING AS ASSOCIATE ,
STATE BANK OF INDIA,
PARAMEKKAVU BRANCH, THRISSUR.
6 K.J.JULIAS
S/O. K.A.JACOB, KURUTHUKULAM HOUSE,
P.O. CHETTUPUZHA, THRISSUR, PIN - 680 012.
NOW WORKING AS ASSOCIATE ,
STATE BANK OF INDIA,
PARAMEKKAVU BRANCH, THRISSUR.
7 SURESH BABU K
IRUPPAKKAD, KALAPATTI,
KUZHALMANNAM, PALAKKAD - 678 702.
NOW WORKING AS ASSOCIATE ,
STATE BANK OF INDIA,
KUZHALMANNAM BRANCH, PALAKKAD.
BY ADVS.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENTS:
1 STATE BANK OF INDIA
CORPORATE CENTRE,
MUMBAI MADAM GAMA ROAD,
NARIMAN POINT, MUMBAI,
PIN - 400 021,
REPRESENTED BY ITS MANAGING DIRECTOR
2 DEPUTY MANAGING DIRECTOR AND CORPORATE DEVELOPMENT
OFFICER, STATE BANK OF INDIA,
P AND HR DEPARTMENT, CORPORATE CENTRE,
MADAM GAMA ROAD, NARIMAN POINT,
MUMBAI, PIN - 400 021
3 CHIEF GENERAL MANAGER
STATE BANK OF INDIA, LOCAL HEAD OFFICE,
TRIVANDRUM CIRCLE, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695 012
WP(C).No.11317 OF 2019(L)
3
4 BRANCH MANAGER
STATE BANK OF INDIA,
PARAMEKKAVU BRANCH,
THRISSUR, PIN - 680 020
5 BRANCH MANAGER
STATE BANK OF INDIA,
KUZHALMANNAM BRANCH,
PALAKKAD, PIN - 678 702
6 RESERVE BANK OF INDIA
LISSIE JUNCTION, ERNAKULAM,
PIN - 682 017,
REPRESENTED BY ITS GENERAL MANAGER
ADDL.7 All INDIA STATE BANK OF INDIA
EMPLOYEES' ASSOCIATION (AIBEA)
(REGISTERED 3228/87)
CENTRAL OFFICE, TKV SMARAKAM
P.B.NO.157, PULIMOOD,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS GENERAL SECRETARY IS IMPLEADED
AS ADDL.R7 AS PER ORDER DATED 8-11-19 IN
I.A.NO.2/19.
BY ADV.
SRI.P.RAMAKRISHNAN,SC,SBI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11317 OF 2019(L)
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JUDGMENT
The petitioners are working as Associate (clerical cadre) in the State Bank of India. The Writ Petition is filed challenging the orders Exts.P2, P3, P4 and P6 and for a declaration that the "vacation policy" cannot be enforced on the petitioners.
2. I have already disposed of similar cases by the judgment dated 14.10.2019 on the basis of instructions furnished by the learned standing counsel. The learned standing counsel points out that all the employees except those who are having transaction rights in Forex Software (Mercury FX) have been exempted from vacation policy. Therefore, petitioners are also exempted from vacation policy. In view of this, the petitioners cannot have any more grievance on the vacation policy. The absence already marked in their case shall be regularised in accordance with the interim order passed on 09.04.2019 whereby respondents were directed that their leave accounts shall not be debited. The respondents shall therefore take appropriate steps in tune with the aforesaid decision.
In view of exemption granted in the case of petitioners the challenge against Exts.P2, P3, P4 and P6 circulars/letter need not be considered on merits. The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA SCS JUDGE WP(C).No.11317 OF 2019(L) 5 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GUIDELINES OF THE RESERVE BANK OF INDIA DATED 23.04.2015 EXHIBIT P2 COPY OF THE LETTER DATED 07.12.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER DATED 23.03.2018 OF THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 13.07.2015 OF THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 29.03.2019 OF THE DEPUTY MANAGING DIRECTOR HR AND CORPORATIVE DEVELOPMENT OFFICER SBI ALONG WITH ANNEXURES EXHIBIT P6 COPY OF THE LETTER ISSUED TO 1ST PETITIONER DATED 04.04.2019 EXHIBIT P7 COPY OF THE INTERIM ORDER IN WP(C) NO.8633/19 DATED 29.03.2019 EXHIBIT P8 COPY OF THE E CIRCULAR, CIRCULAR NO.CDO/P & HRD-PM/97/2018-19 DATED 29.03.2019 ISSUED BY THE STATE BANK OF INDIA.
//TRUE COPY// PA TO JUDGE