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Madras High CourtWP(MD)/9006/2017disposed of

State Bank Of Travancore Jewel v. The Government Of India

2017-05-11Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.9006 of 2017 and WMP(MD)No.6879 of 2017 State Bank of Travancore Jewel Appraiser association Regn.No.66/2014 Through its Secretary S.Sadakutti 11/5, Kattabomman Junction Nagarcoil-1 Kanyakumari District ... Petitioner -vs1.The Govt. of India, Ministry of Finance and Banking, New Delhi.

2.The Governor, Reserve Bank of India, New Delhi.

3.The Chairman, State Bank of India, New Delhi.

4.The Zonal Manager, State Bank of Travancore, Zonal Office, Chennai.

5.The Deputy General Manager, State Bank of India, Maduram Complex, Dr.Ambedkar Road, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 5th respondent to ensure gold appraiser charges for our members at par with Circular Letter No.CIR/ABU/01/2017-18 dated 19.04.2017 issued by State Bank of India Agri Business Unit, Local Head Office, Tiruvananthapuram and to direct all branches of State Bank of India to effect the same by considering petitioner's representation dated 22.04.2017, within the stipulated time.

For Petitioner : Mr.V.G.Manimegalai For Respondents R3 to R5 : Mr.Pala.Ramasamy Addl. Govt. Pleader *****

O R D E R

This petition has been filed by the State Bank of Travancore Jewel Appraiser Association (hereinafter referred to as "the Association"), seeking a Writ of Mandamus, directing the Deputy General Manager, State Bank of India, Madurai / 5th respondent herein to ensure gold appraiser charges for the members of the Association at par with Circular Letter No.CIR/ABU/01/2017-18 dated 19.04.2017 issued by State Bank of India, Agri Business Unit, Local Head Office, Tiruvananthapuram with further direction to all the branches of the State Bank of India to effect the same by considering the Association's representation dated 22.04.2017

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 3 to 5.

3. Learned counsel appearing for the petitioner submitted that S.Sadakutti, representing the petitioner Association, is the Secretary of the Association and is working as Jewel Appraiser with the 5th respondent bank for more than 15 years. Similarly, all the members of the Association are also continuously working as Jewel Appraiser in various branches of State Bank of Travancore for more than a decade. Learned counsel further submitted that the charges applicable to the members of the Association are being credited in their respective Bank Accounts maintained in the Bank itself. The Association came to know that State Bank of India, Agri Business Unit, Local Head Office, Tiruvananthapuram has issued a Circular dated 19.04.2017, granting some benefit to the Jewel Appraiser by fixing assaying charges of Rs.

1/- per 1000 with a maximum of Rs.500/- plus service tax as applicable, which has to be borne by the borrower. Hence, the Association sent a representation dated 22.04.2017 to the respondents, seeking extension of similar benefits to the members of the Association on par with the Circular Letter dated 19.04.2017 and also the Circular No.PSB/27/2016 dated 10.06.2016 issued by the State Bank of Travancore. Since the said representation has not been considered so far, the Association is before this Court with the above prayer.

4. Learned Standing Counsel appearing for the respondents 3 to 5 sought time to consider the request of the Association.

5. In view of the above submission, this Court, without going into the merits of the matter, directs the 5th respondent to consider the representation dated 22.04.2017 submitted by the

petitioner Association and dispose of the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Vacation Officer, Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To:

1.The Govt. of India, Ministry of Finance and Banking, New Delhi.

2.The Governor, Reserve Bank of India, New Delhi.

3.The Chairman, State Bank of India, New Delhi.

4.The Zonal Manager, State Bank of Travancore, Zonal Office, Chennai.

5.The Deputy General Manager, State Bank of India, Maduram Complex, Dr.Ambedkar Road, Madurai.

+One cc to Mr.A.Hajamohideen, Advocate, SR.N.56447 ar/smi RL/7C/3P/RSK/SAR3/12.5.2017 W.P.(MD)No.9006 of 2017 and WMP(MD)No.6879 of 2017 11.05.2017