Mrs.M.Suguna, v. The Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.06.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.32674 of 2016 & W.M.P. No. 28304 of 2016 M.Suguna ... Petitioner V.s 1.The Manager, Corporation Bank, Bodimuthulu, No.1/2014, Bodimuthulu Village, Berikai Main Road, Veeppanapalli Post, Krishnagiri District.
2.The Lead District Manager, Indian Bank, Gandhi Road Branch Upstairs Krishnagiri 635 001.
3.The Assistant Manager, Corporation Bank, Zonal Office, Renga's Westend, 1/8
NSR Road, TS.No.12/30 Sai Baba Colony, Coimbatore - 641 011.
4.The Manager Corporation Bank, Bodimuthulu, No.1/114, Bodimuthulu Village, Berikai Main Road, Veeppanapalli Post, Krishnagiri District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus to call for the records of the 4th respondent in letter No. Nil dated 09.10.2015 and quash the same and issue consequential direction to the respondents to consider claim of the petitioner for appointment as Sub Staff in the respondent Bank and appoint her as such, granting necessary age relaxation in her favour.
For Petitioner :
Mr. J.Kannan For Respondents :
Mr. S.Sethuraman 1 & 3 2/8
For Respondents :
No Appearance 2 & 4.
ORDER
The petitioner has filed the above Writ Petition seeking reinstatement in the position that she held in the Bank as on the date of her termination.
2. The petitioner's case was that she had been appointed as a casual labourer in the 1st respondent Bank that she has been working from May 2009. The Corporation Bank, Zonal Office, Chennai had called for an interview for the selection of the candidates for temporary sub staff panel for Krishnagiri District. The petitioner had applied and attended interview during March 2011. She was selected and had received a letter from the 1st respondent Bank dated 22.06.2011 to work as a temporary sub staff in its branch at Krishnagiri. The petitioner had 3/8
joined the Bank and had continued to work in the Bank whenever leave vacancy arose for the sub staff. Therefore, it is clear that the petitioner was only working as a temporary sub staff.
3. While so, in the last week of December 2013, the petitioner was asked by the 4th respondent not to report for work and no reason has been assigned. Though the petitioner had reported to the Bank, she was not delegated work and the salary was also not been credited. Thereafter, the petitioner had made a representation to the 1st respondent with a copy marked to the 2nd respondent. Since the petitioner's representation did not evoke any response, she had filed W.P.No.8526 of 2014 seeking direction to the 4th respondent to act on the representation dated 03.02.2014.
4. This Court by order dated 11.03.2015 issued direction to the respondent to consider her representation. The said representation has now been turned down by the 1st respondent, which is the subject 4/8
matter of challenge. The petitioner would submit that the reasons given for the rejection of the representation is absolutely untenable since the order has been passed without affording opportunity to the petitioner and without issuing notice to her.
5. The petitioner would submit that the respondents ought to have granted age relaxation considering the fact that she had worked continuously for the bank.
6. Heard the learned counsels and perused the records.
7. Admittedly, the maximum age fixed was 26 years and even on the date of the petitioner being appointed, she was over aged. However, she was appointed as a temporary sub staff and was being alloted work only in this capacity.
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8. Considering the fact that the petitioner was over aged the rejection is justified and accordingly, the Writ Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.
27.06.2024 Index: Yes/No Speaking order/non-speaking order kan 6/8
To 1.The Manager, Corporation Bank, Bodimuthulu, No.1/2014, Bodimuthulu Village, Berikai Main Road, Veeppanapalli Post, Krishnagiri District.
2.The Lead District Manager, Indian Bank, Gandhi Road Branch Upstairs Krishnagiri 635 001.
3.The Assistant Manager, Corporation Bank, Zonal Office, Renga's Westend, NSR Road, TS.No.12/30 Sai Baba Colony, Coimbatore - 641 011.
4.The Manager Corporation Bank, Bodimuthulu, No.1/114, Bodimuthulu Village, Berikai Main Road, Veeppanapalli Post, Krishnagiri District.
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P.T.ASHA, J., kan W.P.No.32674 of 2016 27.06.2024 8/8