Cheriyan C.J. v. Branch Manager,Sbi

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 ---------------------------- PETITIONER(S):

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1. CHERIYAN C.J., CHIRATTSKATTIL HOUSE, P.O.KAVUMMANNAM, KALPETTA, WAYAND.

2. T.J.KURIAKOSE, OLIVUMALA P.O., CHUNDALE.

3. BOSE M.K., MANDIYIL HOUSE, P.O.THOMMARIMALA, SULTHAN BATHERY.

BY ADVS.SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR RESPONDENT(S):

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1. THE BRANCH MANAGER, STATE BANK OF INDIA, KAINATTY, NORTH KALPETTA WAYANAD.

2. THE CHIEF MANAGER, PER & HRD, STATE BANK OF INDIA, ZONAL OFFICE SHANMUGHAM ROAD, ERNAKULAM-682 031.

ADDITIONAL RESPONDENTS* R3.

VISWANATHAN V.G, SON OF GANGADHARAN NAIR DEEPAK SADAN, MANIYANCODE P.O, KALPETTA.

R4.

JOSE XAVIER, ARAKKAL HOUSE, CHUNDALE .P.O.

WYNADU (DIST.) PIN - 673 123.

R5.

JOSE M.J, MALIYAKKAL HOUSE KUMLERI P.O, MEENANGADI.

CONTD.. 2 ..

.. 2 ..

R6 SAIDALAVI M.P MANA PARAMBIL HOUSE VARAYAL P.O, MANANTHAVADY.

R7.

VENUGOPAL P.B PAYYANTHATTIL HOUSE THAZHAMUNDA P.O.

KANICHIRA.

R8.

GEORGE C.A.

CHAZHOOR HOUSE, CHEERAL P.O.KAVUMMANNAM R9.

C.D VARGHESE CHOKKATTU HOUSE CHENNALODE P.O, KALPETTA (VIA) ( IMPLEADED AS PER DATED 16.06.2006 IN I.A NO. 8039 / 2006) R,R2 BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) R,R2 BY ADV. SRI.P.GOPAL R,ADDL.R BY ADV. SRI.M.A.FIROZ R BY SRI.P.G.P.PANICKER SC FOR SBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONERS EXHIBITS:

EXT.P1 COPY OF LETTER DATED 24.9.03 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.

EXT.P2 COPY OF EXPERIENCE CERTIFICATE ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER.

EXT.P3 COPY OF LETTER DATED 6.10.04 ISSUED BY THE 1ST RESPONDENT.

EXT.P4 COPY OF EXPERIENCE CERTIFICATE DATED 10.8.05 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.

EXT.P5 COPY OF EXPERIENCE CERTIFICATE DATED 10.5.05 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER.

EXT.P6 COPY OF LETTER DATED 2.8.05 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS EXT.R2(A) COPY OF THE COMPREHENSIVE GUIDELINES FOR RECRUITMENT OF ARMED GURARDS IN PERMANENT VACANCIES DATED 21.07.02.

ANNEXURE R3(A) COPY OF THE SELECT LIST PUBLISHED IN THE NOTICE BOARD. STATE BANK OF INDIA, ZONAL OFFICE, ERNAKULAM.

ANNEXURE R3(B) COPY OF SECURITY TRAINING CERTIFICATE DATED 28.2.98.

ANNEXURE R3(C) COPY OF THE PETITIONER'S LIST.

// TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== ====================== Dated this the 1st day of September, 2015

J U D G M E N T

The petitioners filed the above writ petition, claiming preference in the selection of Armed Guards, which was notified by the respondent Bank. The petitioners were engaged as temporary hands and it is on that basis that they make the preferential claim. In any event, on the filing of the writ petition on 12.11.2005, there was an interim order passed stipulating that there shall be no temporary engagement in replacement of the petitioners' claim.

2. The learned Counsel appearing for the respondent Bank submits that after the writ petition was filed, selection was made as per a notification, in which the petitioners were also permitted to participate in the selection, subject however to their eligibility. In any event, the selection having been completed 10

years back and no challenge having been made against the same, the consideration of the above writ petition would be a mere academic exercise.

The writ petition would stand closed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.