IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION Nos. 54533-54546/2018 (S-PRO) BETWEEN:
1. Sri G. Lokesh S/O Sri Govinde Gowda Aged About 44 Years, Staff No. 73665 House Keeper Cum Peon (HKP) Working in Canara Bank Sanjay Nagar Branch, 80 Ft Road, Bengaluru - 560 094.
2. Sri Naveena D S/O Sri Dasappa Aged About 28 Years, Staff No. 99922 House Keeper Cum Peon (HKP) Working In Canara Bank, Ring Road, Prem Nagar Laggere, Bengaluru - 560 058.
3. Sri H K Nanje Gowda S/O Sri Kappannaiah Aged About 49 Years, Staff No. 72096 House Keeper Cum Peon (HKP) Working In Canara Bank, 2nd Main, ‘B’ Block, Subramanya Nagar Branch, Bengaluru - 560 021.
4. Sri Shivakumar N S/O Late Narasimhaiah Aged About 44 Years, Staff No. 74285 House Keeper Cum Peon (HKP) Working In Canara Bank, T.D.Road, Sidlaghatta Chikkaballapura District - 563 105.
5. Smt. H R Pramila W/O Somashekhar M Aged About 33 Years, Staff No. 99933 House Keeper Cum Peon (HKP) Working In Canara Bank, Ramasagara Branch, Next To Yellamma Devi Temple, Chandapura Hobli Bengaluru - 560 099.
6. Smt. Pankajaskhi G W/O Revana Siddaiah Aged About 40 Years, Staff No. 73676 House Keeper Cum Peon (HKP) Working in Canara Bank, Holalkere Branch, Maruthi Kutir, Main Road Holalkere Taluk Chitradurga District - 577 526.
7. Sri Prajwal S S/O Seega Nayaka S Aged About 30 Years, Staff No. 100790 House Keeper Cum Peon (HKP) Working in Canara Bank, Palya Branch Sheelamma Nilaya Main Road, Palya, Kollegala Tq., Chamarajanagar District - 571 484.
8. Sri V Govinda Raju S/O Venkatappa, Aged About 49 Years, Staff No. 80570 House Keeper Cum Peon (HKP) Working in Canara Bank, Hunisehally Branch VPO: Hunisehalli Sira Taluk Tumakuru District - 572 139.
9. Sri Shankarappa G C C/O Chinna Narasappa N. Aged About 30 Years, Staff No. 72185 House Keeper Cum Peon (HKP) Working in Canara Bank, Ganjigunte Branch, Main Road, Ganjigunte Sidlaghatta Taluk Chikkaballapura District - 563 125.
10. Sri Manjunath Teradalkar S/O Manohar Aged About 28 Years, Staff No.100232 House Keeper Cum Peon (HKP) Working in Canara Bank, Alnavar Branch, Shankar Plaza, Azad Road, Alnavar Dharwada Taluk And District - 581 103.
11. Smt. Jyothi M G W/O Chandru Aged About 32 Years, Staff No.92871 House Keeper Cum Peon (HKP) Working in Canara Bank, Mallipatna Branch, Shanivara Santhe Road Mallipatna, Arakalgud Taluk Hassan District - 573 147.
12. Sri Sharanappa Rathod S/O Dhanshappa Rathod Aged About 27 Years, Staff No. 100260 House Keeper Cum Peon (HKP) Working in Canara Bank, Rajur Branch, Shivaganga Nilaya Main Road, Rajur Gajendra Gad Taluk Gadag District - 582 114.
13. Smt. Nagarathna M D/O Manjappa, Aged About 51 Years, Staff No. 67210 House Keeper Cum Peon (HKP) Working in Canara Bank, Sagar Main Branch- Mahalakshmi Building, Market Road, Sagar, Sagara Taluk, Shivamogga Dist-577401.
14. Sri Abdul Khader S/O Aboobakar Staff No. 61371 Aged About 49 Years, House Keeper Cum Peon (HKP) Working in Canara Bank, Gudugalale Branch, Main Road Shanivarasanthe Post Office Somavarpet Taluk Kodagu District - 571 235 (By Sri. Pulakeshi A P, Advocate) AND ... Petitioners 1. Canara Bank A Boday Corporate Constituted Under Banking Companies Act 1970, Having Branches/Offices All Over India And Having Its Head Office At No. 112 J.C.Road, Bengaluru - 560 002 Represented By Its Managing Director And C.E.O.
2. The General Manager Canara Bank, Industrial Relations Section Human Resources Wing Head Office 112, J.C.Road, Bengaluru - 560 002.
(By Sri. T P Mutthanna, Advocate) ... Respondents These Writ Petitions are filed under Articles 226 And 227 Of Constitution of India praying to quash the rejection letter issued by the Branch Heads of the respective banks of the respondent Bank dated 22.11.2018 as Annexure-B1 to B9 dated 17.11.2018 as Annexure-B10, dated 15.11.2018 as Annexure-B11, Annexure-B12 dated 21.11.2018 as Annexure-B13 and dated 15.11.2018 as Annexure-B14 and etc., These writ petitions coming on for Orders this day, the court made the following:-
ORDER In these bunch of petitions, petitioners have sought for the following reliefs;
I) To issue writ in the nature of certiorari to quash the rejection letters issued by the branch heads of the respective Banks of the Respondent Bank dated 22/11/2018 vide Ref No: BLC/HRM/E-12:15940:2018 as Annexure –B1, vide Ref No: BLC/HRM/E-12:15953:2018 as Annexure –B2 vide Ref No: BLC/HRM/E- 12:15936:2018 as Annexure –B3, vide Ref No: BLC/HRM/E-12:15943:2018 as Annexure –B4, vide Ref No: BLC/HRM/E-12:15954:2018 as Annexure –B5, vide Ref No: BLC/HRM/E- 12:15942:2018 as Annexure –B6, vide Ref No: BLC/HRM/E-12:15958:2018 as Annexure –B7, vide Ref No: BLC/HRM/E-12:15948:2018 as Annexure –B8, vide Ref No: BLC/HRM/E- 12:15938:2018 as Annexure –B9, vide Ref No: MGC HRM 3905 2018 GMK dated 17/11/2018 as Annexure –B10, vide Ref No: MGC HRM 3894 2018 GMK dated 15/11/2018 as Annexure –B11, vide Ref No: MGC HRM 3895 2018 GMK dated 15/11/2018 as Annexure –B12, vide Ref No: MGC HRM 4011 2018 GMK dated 21/11/2018 as Annexure –B13, and vide Ref No: MGC HRM 3893 2018 GMK dated 15/11/2018 as Annexure –B14.
II) To, issue Writ in the nature of Mandamus directing the Respondent No.1 to consider the Petitioner Federation Representation dated 25- 11-2018 is produced as ANNEXURE –H.
III) To issue writ in the nature of Mandamus directing the Respondents to consider the House keeper cum Peon (HKP) as such-staff cadre for the purpose of promotional opportunities and other service benefits.
IV) To, pass such other order/s or relief/s and issue such other Writ that this Hon’ble Court deems fit under the facts and circumstances of the present Writ Petition, in the interest of Justice and Equity.
2. The respondent-Bank denied the petitioners in participating promotional process to the clerical cadre on the score that they do not fall under the definition of sub-staff. Petitioners were initially appointed as part time employees and subsequently, their services were regularized in the year 2012 as House Keeping cum Peon (for Short HKP).
3. The contention of the respondent-Bank is that after petitioners’ regularisation for the post of HKP, they have been treated as sub-staff for the purpose of salary. That apart, Annexure-R1-memorandum of settlement dated 28.09.2012, is evident that in terms of settlement, the status of the petitioners is out side the sub-staff. Therefore, they are not in the source cadre of sub-staff so as to consider their names for promotion for clerical cadre. Perusal of the above reference, it is evident that petitioners’ services have been regularized as HKP while they were working as part time in the year 2012.
Undisputedly, HKP has been treated as sub-staff. Further, in the memorandum of settlement at Sub Clause 3 of the terms and conditions reproduced as under:
“3. All PTE’s so converted as HKPs will not only continue to perform all the duties of a Part-time employee (hereinafter called the “cleaning work”) as hitherto but will also perform the duties of Sub-Staff i.e. he/she will perform the duties of both the PTE and Sub-staff within the normal daily working hours of a sub-staff.”
4. Reading of the terms and conditions, it do not say that HKP posts are out-side sub-staff. Once the respondent-Bank have identified HKP post as sub-staff irrespective of salary and in the absence any material that the HKP posts do not fall under sub-staff, respondents are denying the petitioners’ participation in promotional process to the post of clerical cadre, is highly arbitrary and illegal. Therefore, Annexures B1 to B14 are set aside.
Accordingly, writ petitions stands allowed.
Respondents are hereby directed to consider the petitioners’ grievance relating to participation in the process of promotion to the post clerical cadre within a period of two moths from the date of receipt of this order, if the petitioners are otherwise eligible they be promoted on par with other staff.
In view of disposal of main petition, IA.No.1/2019 for direction, does not survive for consideration.
Sd/- JUDGE SB