Kerala High Court
Jeslin S. Chungath vs State Bank Of India on 14 May, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 12TH DAY OF MARCH 2018 / 21ST PHALGUNA, 1939
WP(C).No. 8031 of 2018
PETITIONER:
JESLIN S. CHUNGATH,
D/O. SAJU, CHUNGATH HOUSE, U.S.ESTATE, PARLIKKAD P.O.,
WADAKKANCHERRY, NOW WORKING AS ASSOCIATE, STATE BANK
OF INDIA, WADAKKANCHERRY BRANCH, WADAKKANCHERRY,
THRISSUR DISTRICT.
BY ADV.DR.GEORGE ABRAHAM
RESPONDENT(S):
1. STATE BANK OF INDIA,
REPRESENTED BY ITS MANAGING DIRECTOR, STATE BANK BHAVAN,
MADAM CAMA ROAD, NARIMAN POINT, MUMBAI-400 021.
2. THE REGIONAL MANAGER,
STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE NO.3 ,
SUN TOWER BUILDING, EAST FORT, THRISSUR - 680 005.
3. THE CHIEF MANAGER,
STATE BANK OF INDIA, WADAKKANCHERRY BRANCH, THRISSUR
DISTRICT, PIN-680 582.
4. CHIEF MANAGER,
STATE BANK OF INDIA, LOCAL HEAD OFFICE, KERALA CIRCLE,
THIRUVANANTHAPURAM.
BY SRI.P.RAMAKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 8031 of 2018 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE OFFER LETTER DATED 14.05.2013.
EXHIBIT P2 TRUE COPY OF THE MARKLIST OF THE ALL INDIA
SECONDARY SCHOOL CERTIFICATE EXAMINATION
ISSUED TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MARKLIST OF THE ALL INDIA
SENIOR SCHOOL CERTIFICATE EXAMINATION ISSUED
TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF COMMON
PROFICIENCY TEST ISSUED TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED TO THE
PETITIONER BY THE INDIAN INSTITUTE OF BANKING
AND FINANCE.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 17.01.2015
ISSUED TO THE PETITIONER ISSUED TO THE PETITIONER
BY THE INDIAN INSTITUTE OF BANKING AND FINANCE.
EXHIBIT P7 TRUE COPY OF THE TERMS AND CONDITIONS FOR
GRANT OF SABBATICAL LEAVE FOR WOMEN
EMPLOYEES DATED 09.07.2014.
EXHIBIT P8 TRUE COPY OF THE LEAVE SANCTION ORDER DATED
14.12.2015 ISSUED TO THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE SHOWING THAT THE
PETITIONER HAD JOINED THE FIRM ON 17.12.2015.
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE ISSUED TO THE
PETITIONER CERTIFYING THAT THE PETITIONER HAS
PASSED THE INTERMEDIATE EXAMINATION.
EXHIBIT P11 TRUE COPY OF THE GENERAL INSTRUCTIONS
REGARDING JOINING THE ARTICLED ASSOCIATES
EXHIBIT P12 TRUE COPY OF THE COMMUNICATION OBTAINED FROM
THE WEBSITE OF IGNOU SHOWING THAT THE
PETITIONER HAS COMPLETED THE REQUIREMENTS OF
B.COM.
EXHIBIT P13 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER ON 01.08.2017 FOR EXTENSION OF THE
LEAVE.
EXHIBIT P14 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
2ND RESPONDENT REJECTING EXT.P13 APPLICATION.
WP(C).No. 8031 of 2018 (D)
EXHIBIT P15 TRUE COPY OF THE LEAVE APPLICATION DATED
01.12.2017 SUBMITTED BY THE PETITIONER.
EXHIBIT P16 TRUE COPY OF THE LEAVE APPLICATION SUBMITTED
BY THE PETITIONER ON 14.11.2017.
EXHIBIT P17 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER ON 12.12.2017 BEFORE THE 3RD
RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER TO THE 1ST RESPONDENT ON 14.12.2017.
EXHIBIT P19 TRUE COPY OF THE ORDER DATED 19.02.2018 ISSUED BY
THE 2ND RESPONDENT ON THE BASIS OF THE DECISION
TAKEN BY THE 4TH RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE ORDER DATED 26.02.2018 RECEIVED
BY THE PETITIONER FROM THE 2ND RESPONDENT.
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PA TO JUDGE
PBS
12/3/2018
P.V.ASHA J.
------------------------------------
W.P.(C).No.8031 of 2018
-------------------------------------
Dated this the 12th day of March, 2018
J U D G M E N T
Petitioner, who joined as a Single Window Operator in the State Bank of Travancore and now designated as Associate after the Bank merged with the State Bank of India, got her probation declared while she was working in the Wadakancherry Branch. She submits that she had completed her Bachelor Degree in Commerce by private study, after she joined the service of the Bank and she has already passed Common Proficiency Test under the Institute of Chartered Accountants of India, even before she joined the Bank. She thereafter passed Integrated Proficiency Competent Examination conducted by the Institute of Chartered Accountants on 31.07.2013. After availing sabbatical leave, she joined for Articleship at a firm of W.P.(C).No.8031 of 2018 2 Chartered Accountants and she has already completed 2 years of Articleship as on 17.12.2017. She points out that the period of Articleship is between 2 B= to 3 years and therefore, she has to be on Articleship upto December 2018 or otherwise she will not be able to appear for the examination. The leave granted to her was already over by 15.12.2017. Even though, she had submitted a request for privilege leave on 14.11.2017, that was rejected. She had also requested for extra ordinary leave for a period of one year. The said application was also rejected as per Ext.P20 order and she has been asked to report for duty as per Ext.P20 letter and she is also under threat of disciplinary action. Petitioner has filed this writ petition, aggrieved by the orders Exts.P19 and P20. These orders have been passed after considering her application pursuant to the direction of this Court in judgment in W.P.(C).No.40872 of 2017.
W.P.(C).No.8031 of 20183
2. Learned counsel for the petitioner submits that her applications were rejected when Ext.P18 representation she had submitted before the Managing Director is pending.
3. Even though, the learned Standing Counsel vehemently opposed the prayer of the petitioner, pointing out that petitioner had been on leave for a long time and that the petitioner cannot insist for availing leave for higher studies and pointed out that the Bank is facing difficulties on account of shortage of staff, I am of the view that the matter requires consideration by the Managing Director since the petitioner is a lady who could pass Degree Examination and thereafter the proficiency test after she joined the Bank. It is pointed out that in case she is unable to complete the 3 years Articleship, she will not be able to attend the CA Examination and her efforts would be in vain. W.P.(C).No.8031 of 2018 4
In the above circumstances, there shall be a direction to the 1st respondent to consider Ext.P18 representation, compassionately, within a period of 'two weeks' from the date of receipt of a copy of the judgment.
Till such time, no coercive action shall be taken against the petitioner.
Sd/-
P.V.ASHA, JUDGE.
AS