MINI MATHEW v. STATE BANK OF INDIA

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 13[TH] DAY OF OCTOBER 2022 / 21ST ASWINA, 1944** ## **WP(C) NO.16556 OF 2021** ## **- PETITIONER :** MINI MATHEW, AGED 58 YEARS W/O. BENOY THOMAS, ADVOCATE., CHIEF ASSOCIATE, STATE BANK OF INDIA (NOW TRANSFERRED FROM PALARIVATTOM TOWN BRANCH TO SMART CITY, EDACHIRA BRANCH), NOW RESIDING AT 39/1435, VASANTH NAGAR COLONY ROAD, PALARIVATTOM, KOCHI-682 025. BY ADV PAULSON THOMAS ## **RESPONDENT** S :- 1 STATE BANK OF INDIA, REPRESENTED BY THE REGIONAL MANAGER-1, RBO-1, ERNAKULAM, STATE BANK OF INDIA, ADMINISTRATIVE OFFICE, ERNAKULAM-682 014. 2 REGIONAL MANAGER-1, RBO-1, ERNAKULAM, STATE BANK OF INDIA, ADMINISTRATIVE OFFICE, ERNAKULAM-682 014. BY ADVS. GEORGE THOMAS (MEVADA)(SR.) AMAL GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2022, THE COURT ON 13.10.2022 DELIVERED THE FOLLOWING: WP(C) NO.16556 OF 2021 -: 2 :- ## **JUDGMENT** ## **Dated this the 13th day of October, 2022** The prayers in this writ petition are as follows :- - “i. declare that Exhibit P3 order of transfer of the petitioner is discriminatory, unreasonable, arbitrary, disproportionate and violative of Exhibit P5 transfer policy/norms. - ii. issue a writ of certiorari quashing Exhibit P3 order of transfer with a consequential direction to retain the petitioner who is physically permanently disabled due to road traffic accident in 1997 as evident from Exhibit P1 in the same branch viz. Palarivattom Town Branch or to the nearest branch of Palarivattom Town Branch in the same Centre in respect of which redeployment transfers of Chief Associates are made during two weeks preceding the date of Exhibit P3 i.e. 4.8.2021. - iii. declare that the transfer policy of the 1[st] respondent Bank in Exhibit P5 denying exemption from redeployment transfer given to other award staff between 57 and 60 years of age even in the same Centre to a small section of the award staff i.e. Chief Associates between 57-60 is per se arbitrary, discriminatory, disproportionate and violate of Article 14, 16, 21 r/w 39(e) of the Constitution of India and further declare that all award staff of age 57-60 including Chief Associates form one class for the purpose of age related exemptions from transfers due to redeployment or otherwise and therefore Chief Associates of 57-60 stand exempted from redeployment transfers with a consequential direction to retain the petitioner in the same branch from which she was transferred by Exhibit-P3. - iv. issue any other writ, order or direction as deemed fit by this Honourable court. WP(C) NO.16556 OF 2021 -: 3 :- - v. declare that Exhibit-P3 order of transfer is vitiated by wednesbery arbitrariness, legal and factual malafides and therefore violative of Article 14, 16 and 21 of the Constitution of India. - vi. Issue appropriate directions to the respondents not to harass the petitioner in any manner whatsoever in matters relating to her career on account of filing of this case.” 2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent Bank. 3. It is submitted by the learned counsel for the petitioner that the petitioner joined service of the State Bank of Travancore as Cashier-Clerk in December, 1985. In April 1997, the petitioner met with a serious road accident, which resulted in permanent disabilities as evident by Ext.P1 medical certificate. It is submitted that though the petitioner had applied for promotion to the Officers cadre in 1997, she did not pursue the said promotion, since promotions would involve transfers to far away places. It is submitted that after the merger of the State Bank of Travancore with the State Bank of India, the petitioner's post was redesignated as Chief Associate and the petitioner was retained at the SBI Palarivattom Town Branch, which is very close to the petitioner's residence. However, on 4.8.2021, Exhibit P3 order of WP(C) NO.16556 OF 2021 -: 4 :- transfer was issued by the 2[nd] respondent and the petitioner was relieved from duty. The petitioner approached this Court and an interim order was passed, by which, the petitioner was directed to be retained in case she had not assumed charge in the transferred post. 4. Pleadings were completed. However, when the writ petition was not heard in spite of repeated postings, the interim order was vacated and the petitioner assumed charge in the transferred post. The question which remains to be considered is with regard to the legality of the order of transfer in spite of the contention raised by the petitioner that she is disabled on account of the accident and is unable to make the daily travel necessary for working in the transferred post. 5. A detailed counter affidavit has been placed on record specifically stating that the petitioner had admittedly suffered the accident in the year 1997 and that she does not suffer any disability in the matter of undertaking the short journey to the transferred post. It is stated that after the merger of the State Bank of Travancore with the State Bank of India, the petitioner had been specifically offered appointment as Chief Associate as per the in-cadre promotion under the Career Progression Scheme WP(C) NO.16556 OF 2021 -: 5 :- as per Ext.R1(d) communication dated 30.5.2017. It was specifically stated in Ext.R1(d) that the petitioner would be liable to be transferred to any branch/office on posting as Chief Associate. The petitioner voluntarily accepted the offer of promotion and appointed as Chief Associate at NRI Branch. The acceptance letter is produced as Ext.R1(e). Since the petitioner had voluntarily accepted the transfer on being alerted that she was liable to be transferred out, it is contended that the protection from transfer in the promotion policy would not be available to the petitioner. 6. The petitioner places reliance on Section 20 of the Rights of Persons with Disabilities Act, 2016 as well as a decision of the Apex Court in **Vikash Kumar** v. **Union of Public Service Commission** [2021 (2) KLT SN 3]. 7. Having considered the contentions advanced, I notice that the petitioner has now joined the Smart City Branch on 9.11.2021 and is working there. She is admittedly due to retire from service soon. From the materials placed on record by the respondents, I find that the petitioner had been undertaking international travel and the contention that she is unable to travel the short distance required to and from work does not WP(C) NO.16556 OF 2021 -: 6 :- appear to be borne out. It is further clear from Exts.R1(d) and R1(e) that the petitioner had been specifically informed that if she accepts the posting as Chief Associate, she would be liable to be transferred out from the current place of posting. She opted voluntarily to accept the said promotion. After having accepted the offer fully knowing that there is a chance that she would be transferred out from the specific post, I am of the opinion that the petitioner cannot raise the contention that she is entitled to be retained at Palarivattom on grounds of disability. In the above view of the matter, I am of the opinion that the prayers as sought for are not liable to be granted. The writ petition fails and the same is, accordingly, dismissed. **Sd/ANU SIVARAMAN JUDGE** Jvt/30.9.2022 WP(C) NO.16556 OF 2021 -: 7 :- ## **APPENDIX OF WP(C) 16556/2021** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE MEDICAL CERTIFICATE OF THE| |---|---| ||PETITIONER DATED 06/11/2004.| |Exhibit P2|TRUE COPY OF THE POSTING ORDER NO.| ||RBO(EKM)1117/12/25 DATED 01/08/2017.| |Exhibit P3|TRUE COPY OF THE TRANSFER ORDER NO. RBO 1| ||EKM/HR/481/12/11DATED 04/08/2021.| |Exhibit P4|TRUE COPY OF THE REPRESENTATION DATED| ||07/08/2021 GIVEN TO THE 2ND RESPONDENT.| |Exhibit P4(a)|TRUE COPY OF THE FORWARDING LETTER ISSUED BY| ||THE CHIEF MANAGER.| |Exhibit P5|TRUE COPY OF THE E-CIRCULAR SL. NO. 161/2016-| ||17 DATED 02/05/2016.| |Exhibit P6|TRUE COPY OF THE EMPLOYEE BIO-DATA OF HRMS| ||(HUMAN RESOURCES MANAGEMENT SYSTEM) OF SBI| ||GENERATED ON 13/08/2021.| |Exhibit P7|TRUE COPY OF THE LEAVE APPLICATION DETAILS OF| ||THE PETITIONER GENERATED ON 13/08/2021.| |Exhibit P8|TRUE COPY OF THE EMPLOYEE BIO-DATED OF HRMS| ||(HUMAN RESOURCES MANAGEMENT SYSTEM) OF SBI| ||GENERATED ON 7/9/2021| |Exhibit P9|TRUE COPY OF THE LIST OF 38 BRANCHES OF RBO-I,| ||ERNAKULAM OF SBI.| |Exhibit P9(a)|TRUE COPY OF THE CORRECTED COPY OF EXHIBIT P9| ||LIST.| |Exhibit P10|TRUE COPY OF THE MEDICAL PRESCRIPTION ISSUED| ||BY DR. U.RAJENDRAN MD DATED 5.11.2021 TO AVD.| ||PAULSON THOMAS.| WP(C) NO.16556 OF 2021 -: 8 :- Exhibit P10A TRUE COPY OF THE MEDICAL PRESCRIPTION ISSUED BY DR. VINOD THOMAS DM CARDIOLOGY DATED 6.11.2021 TO ADV.PAULSON THOMAS Exhibit P11 TRUE COPY OF THE RELIEVING ORDER DATED 8.11.2021 - Exhibit P12 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DOCTOR KOTTAKKAL ARYA VAIDYA SALA TREATING THE PETITIONER DATED 08.08.2022. Exhibit P13 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.U.RAJENDRAN DATED 20.06.2022. RESPONDENT EXHIBITS Exhibit R1(a) TRUE PHOTOCOPY OF THE E-CIRCULAR NO.CDO/P&HRDIR/13/2016-17 DATED 02/05/2016. - Exhibit R1(b) TRUE PHOTOCOPY OF THE E-CIRCULAR NO.CDO/P&HRDPM/118/2017-18 DATED 28/03/2018. - Exhibit R1(c) TRUE PHOTOCOPY OF THE COMMUNICATION SENT BY THE CHIEF GENERAL MANAGER (HR) STATE BANK OF INDIA CORPORATE CENTRE DATED 22/03/2021. - Exhibit R1(d) TRUE PHOTOCOPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30/05/2017. - Exhibit R1(e) TRUE PHOTOCOPY OF THE ACCEPTANCE LETTER SENT BY THE PETITIONER DATED 23/06/2017. - Exhibit R1(f) TRUE PHOTOCOPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF JUNE 2021. - Exhibit R1(g) TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SEEKING NOC FOR OBTAINING A PASSPORT DATED NILL. - Exhibit R1(h) TRUE PHOTOCOPY OF THE LETTER SENT BY THE ASSISTANT GENERAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE ERNAKULAM DATED 26/06/2013. WP(C) NO.16556 OF 2021 -: 9 :- |Exhibit R1(i)|TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY| |---|---| ||THE PETITIONER FOR PRIVILEGE LEAVE DATED| ||19/09/2016.| |Exhibit R1(j)|TRUE PHOTOCOPY OF THE LETTER OF THE BRANCH| ||MANAGER, ERSTWHILE SBT PALARIVATTOM JUNCTION| ||BRANCH TO THE ASSISTANT GENERAL MANAGER, ZONAL| ||OFFICE DATED 08/11/2016.| |Exhibit R1(k)|TRUE PHOTOCOPY OF THE RELEVANT PAGES (PAGES 6-| ||8) OF THE HR HANDBOOK (VOLUME II UPDATED ON| ||30/06/2021).| |Exhibit R1(l)|TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE| ||ATTENDANCE REGISTER OF STATE BANK OF INDIA| ||PALARIVATTOM TOWN BRANCH FOR THE PERIOD| ||09/08/2021 TO 10/08/2021.| |Exhibit R1(m)|TRUE PHOTOCOPY OF E-CIRCULAR NO.CDO/P&HRD-| ||IR/47/2009-10 DATED 20/10/2009 ALONG WITH| ||ANNEXURE A, A1 AND B.2021| |Exhibit R1(n)|TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE HR| ||HANDBOOK VOLUME II OF THE STATE BANK OF INDIA,| ||AS UPDATED ON 30/06/2021 (PAGES 94-96),| ||CONTAINING THE DETAILS OF THE APPOINTMENT,| ||DUTIES AND FUNCTIONS OF CHIEF ASSOCIATE.| |Exhibit R1(o)|TRUE PHOTOCOPY OF THE LIST OF CHIEF ASSOCIATES| ||UNDER RBO 1 ERNAKULAM SHOWING THE DETAILS OF| ||THEIR LENGTH OF STAY AT A PARTICULAR BRANCH.|